Free Consent
FREE CONSENT
Meaning
* Agreement or act of assenting to an offer * No consent no contract
Free Consent – Consent is said to free when it is not caused by
* Coercion * Undue influence * Fraud * Misrepresentation * Mistake
Flaw in consent
* Coercion
When person compelled to enter into contract by use of force by other party
Coercion is the committing or threatening to commit any act forbidden by Indian Penal Code 1860 or unlawful detaining or threatening to detain any property.
Treat amounting to coercion need not come from party to contract it can even come from stranger to contract.
Threat to commit suicide – Yes it is coercion
* Undue influence
Some time party is compelled to enter into contract against his will as a result of unfair persuasion by other
This happens where special kind of relationship exists between parties such that one party in position to exercise undue influence.
One party dominates will of other.
When can one person dominate will of other
1. Where he holds real and apparent authority over other
Relationship between master and servant , doctor and patient
2. Where he stands in fiduciary relation ( relation of trust to other )
Father and son, Solicitor and client, trustee and beneficiary
Exp * A advances money to son , B during minority , obtains upon B coming to age by misuse of parental influence , a bond from B for higher amount that money advanced to him.
A employees undue influence
* A spiritual guru induced his devotee to gift to him whole of his property in return of his promise of salvation of the devotee.
Held consent was given in undue influence
Difference between
Coercion | Undue Influence | Physical in character | Moral in character | Consent is given under the threat of offence | Consent is given by person who is so situated in relation to another that he dominates his will | It involves
Meaning
* Agreement or act of assenting to an offer * No consent no contract
Free Consent – Consent is said to free when it is not caused by
* Coercion * Undue influence * Fraud * Misrepresentation * Mistake
Flaw in consent
* Coercion
When person compelled to enter into contract by use of force by other party
Coercion is the committing or threatening to commit any act forbidden by Indian Penal Code 1860 or unlawful detaining or threatening to detain any property.
Treat amounting to coercion need not come from party to contract it can even come from stranger to contract.
Threat to commit suicide – Yes it is coercion
* Undue influence
Some time party is compelled to enter into contract against his will as a result of unfair persuasion by other
This happens where special kind of relationship exists between parties such that one party in position to exercise undue influence.
One party dominates will of other.
When can one person dominate will of other
1. Where he holds real and apparent authority over other
Relationship between master and servant , doctor and patient
2. Where he stands in fiduciary relation ( relation of trust to other )
Father and son, Solicitor and client, trustee and beneficiary
Exp * A advances money to son , B during minority , obtains upon B coming to age by misuse of parental influence , a bond from B for higher amount that money advanced to him.
A employees undue influence
* A spiritual guru induced his devotee to gift to him whole of his property in return of his promise of salvation of the devotee.
Held consent was given in undue influence
Difference between
Coercion | Undue Influence | Physical in character | Moral in character | Consent is given under the threat of offence | Consent is given by person who is so situated in relation to another that he dominates his will | It involves