(2)In particular and without prejudice to the generality of the foregoing principle, a person is deemed to be in a position to dominate the will of another—(a)where he holds a real or apparent authority over the other, or where he stands in a fiduciary relation to the other; or(b)where he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness, or mental or bodily distress.
