Difference Between Coercion And Undue Influence

Difference Between Coercion And Undue Influence – Hello friends, You are again welcomed, before discussing difference, we will understand the meaning of both Coercion And Undue Influence.

Coercion – It means using force to compel a person to enter into a contract. So force or threats are used to obtain the consent of the party under coercion, i.e it is not free consent.

Undue Influence – Section 16 of the Act contains the definition of undue influence. It states that when the relations between the two parties are such that one party is in a position to dominate the other party, and uses such influence to obtain an unfair advantage of the other party it will be undue influence.

Difference Between Coercion And Undue Influence

Sr. No.BasisCoercionUndue Influence
1MeaningConsent is obtained by use of force or a threat to use force. It includes detaining or threatening to detain somebody’s property illegally.Consent is obtained by one party misusing his dominating position or by moral influence.
2TypeIt is mainly of physical character and implies the use or threat to use force.It is of moral character and implies the use of moral force or mental pressure.
3Relation Of PartiesThere needs to be no definite relation between the parties.There needs to be a definite fiduciary, legal or authoritarian relation between the parties.
4UsuageCoercion is used by the promisee against the promisor or somebody near and dear to the promisor.Can only be used by the promisee against the promisor and nobody else.
5EffectThe contract is voidable at the option of the aggrieved party.The contract can be set aside completely or be void on the terms set by the court.
जरूर पढ़े – Nature of learning
Must Read – Stress Management
Must Read – Majid Hussain Geography PDF

Note ( Contractual Capacity )

If you want to share it, you can share it on Facebook, Whatsapp. Friends, we will keep 100% information of selection every day. And will continue to provide notes of various job related examinations.

You may also read and like

Latest Edition 2019 Of Nitin Singhania Art And Culture PDF 
IELTS Exam Dates 2019 Academic And General Training
An exciting book you read or a book you read recently
What Is Free Consent Of Parties Under Business Law
What Is Contractual Capacity Of Parties?
Difference Between Void Agreement And Voidable Contract
Difference Between Agreement And Contract Under Business Law

Disclaimer – Friends, is designed for education and education sector only and does not have own Books / Notes / PDF / and ALL Material. We only provide Link and Material already available on the Internet. If in any way it violates the law or there is a problem, please mail us – [email protected] If you need more pdf files, notes or book, then you can email us. Email has been given up. We will be able to help you as soon as possible.

Leave a Comment

error: Content is protected !!