Kha Research
Effect of Coercion and Undue Influence
Sr. No #
Topics
Page No #
1.
Definition of Consent
02
2.
Definition of Free consent
02
3.
Concercion
02
4.
Literal meaning of Coercion
02
5.
What is Contract Coercion
02
6.
Definition
02
7.
Definition of Corecion according to Contract Act 1872
03-04
8.
Effect of Coercion
04-05
9.
Coercion under criminal cases
05
10.
Coercion under Civil cases
05
11.
Undue influence
05
12.
Literal meaning of Undue Influence
06
13.
Definition
06
14.
Definition according to Contract Act 1872
06-08
15.
Presumed undue influence
08-09
16.
No presumption of Undue influence
09
17.
Effect of Undue Influence
09
18.
Difference between Coercion and Undue Influence
10
19.
Conclusion
10-11
20.
References
11
Definition of Consent: -
An agreement is valid only when it is made with free consent of parties. Section 13 of Contract Act 1872 defines consent as, two or more persons are said to consent when they agree upon the same thing in the same sense.
Definition of Free consent: -
According to Section 14, Consent is said to be free when it is not causd by Coercion, undue influence, fraud, misrepresentation, or mistake.
The contract is voidable at the option of the aggrieved party when consent is obtained by coercion, undue influence, fraud, misrepresentation and mistake.
Concercion:
Coercion is a legal term that is used to describe a situation in which one person forces another person to do, or to refrain from doing, something against his will. Usually, this is done using psychological pressure or physical force. Other actions used to compel a person to behave in a certain way include deception and threatening to cause harm to the person, his family, or his property.
Literal meaning of Coercion:
The action or practice of persuading someone to do something by using force or threats.
What is Contract Coercion?
Contract coercion occurs when a contract
Sr. No #
Topics
Page No #
1.
Definition of Consent
02
2.
Definition of Free consent
02
3.
Concercion
02
4.
Literal meaning of Coercion
02
5.
What is Contract Coercion
02
6.
Definition
02
7.
Definition of Corecion according to Contract Act 1872
03-04
8.
Effect of Coercion
04-05
9.
Coercion under criminal cases
05
10.
Coercion under Civil cases
05
11.
Undue influence
05
12.
Literal meaning of Undue Influence
06
13.
Definition
06
14.
Definition according to Contract Act 1872
06-08
15.
Presumed undue influence
08-09
16.
No presumption of Undue influence
09
17.
Effect of Undue Influence
09
18.
Difference between Coercion and Undue Influence
10
19.
Conclusion
10-11
20.
References
11
Definition of Consent: -
An agreement is valid only when it is made with free consent of parties. Section 13 of Contract Act 1872 defines consent as, two or more persons are said to consent when they agree upon the same thing in the same sense.
Definition of Free consent: -
According to Section 14, Consent is said to be free when it is not causd by Coercion, undue influence, fraud, misrepresentation, or mistake.
The contract is voidable at the option of the aggrieved party when consent is obtained by coercion, undue influence, fraud, misrepresentation and mistake.
Concercion:
Coercion is a legal term that is used to describe a situation in which one person forces another person to do, or to refrain from doing, something against his will. Usually, this is done using psychological pressure or physical force. Other actions used to compel a person to behave in a certain way include deception and threatening to cause harm to the person, his family, or his property.
Literal meaning of Coercion:
The action or practice of persuading someone to do something by using force or threats.
What is Contract Coercion?
Contract coercion occurs when a contract
References: www.wisegeek.org Contract Act 1872 Book Business law by Khalid Mehmood Cheema Legaldictionary.com www.law.berkeley.edu en.wikipedia.org wiki.answers.com www.academia.edu