Distinguish between coercion and undue influence

In some situations, people tend to use power, threats, etc.

Distinguish between coercion and undue influence

Relationship The relationship between parties is not necessary.

Distinction Between Coercion and Undue Influence - SRD Law Notes

The act of undue influence is done only when the parties to the contract are in relationship. Like teacher - student, doctor - patient etc. Definition of Coercion Coercion is a practice of unlawfully intimidating a person or property, employed to induce a person to enter into an agreement without his independent will.

This involves physical pressure. Coercion includes blackmailing, threatening to kill or beat any person, torture, harming the family of a person, detaining property.

Distinguish between coercion and undue influence

Moreover, it includes the actual committing or threatening to commit an offence which is strictly prohibited, or forbidden by the Indian Penal Code IPC The acts influenced by coercion are voidable, not void i. A threatens B to marry him, or else he will kill her whole family.

In this situation, the consent of B is not free i. Definition of Undue Influence Undue Influence is a situation in which one person, influences the free will of someone else by using his position and authority over the other person, which forces the other person to enter into an agreement.

Mental pressure and moral force are involved in it. The parties to the contract are in fiduciary relation to each other like a master — servant, teacher — student, trustee — beneficiary, doctor — patient, parent — child, solicitor — client, employer — employee, etc.

The contract between the parties is voidable, i.

Difference between Coercion and Undue Influence These two actions violate the Indian penal code and the people who commit coercion is punishable as per Indian Penal Law. Indian Penal Law states that any consent which is gained from the party by coercion becomes a voidable contract.
What is Coercion? How to prove Undo influence and coercion in probate court? This will vary from state to state depending on its laws on undue influence.

A teacher forces his student to sell his brand new watch, in a very nominal price, to get good grades in the examination. Key Differences Between Coercion and Undue Influence The major differences between coercion and undue influence are as under: The act of threatening a person in order to induce him to enter into an agreement is known as coercion.

The act of persuading the free will of another individual, by taking advantage of position over the weaker party, is known as undue influence. Coercion is defined in section 15 while Undue Influence is defined in section 16 of the Indian Contract Act, Any benefit received under coercion is to be restored back to the other party.

Conversely, any benefit received under the undue influence is to be returned to the party as per the directions given by the court. The party who employs coercion is criminally liable under IPC. Coercion involves physical force, whereas Undue Influence involves mental pressure.

The parties under coercion need not be in any relationship with each other. As opposed to undue influence, the parties must be in a fiduciary relationship with each other. Conclusion Coercion and Undue Influence both are barriers in the path of free consent of the parties which is an essential element of a contract.Difference Between Duress and Undue Influence • While a person takes undue advantage of another person in both undue influence and duress, there is use of threat in veiled or real form in duress but there is no threatening in undue influence.

The major differences between coercion and undue influence are as under: The act of threatening a person in order to induce him to enter into an agreement is known as coercion.

The act of persuading the free will of another individual, by taking advantage of position over the weaker party, is known as undue influence. The key difference between coercion and undue influence is that while coercion refers to persuading using threats, undue influence is using the position of power of an individual to make a person agree to a contract.

“Coercion” is the committing, or threating to commit, any act forbidden by the Indian Penal Code. or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement.

Distinguish between coercion and undue influence

Difference between Coercion and undue Influence by Research Methodology on October 22, in Management 1 Coercion and undue Influence – We have learnt that in case of both coercion and undue influence the consent is not free and the contract is voidable at the option of the aggrieved party.

Feb 15,  · Coercion and undue influence are two terms, which are commonly used in agreements and contracts involving different parties.

The use of power and threats to convince an individual to agree or perform specific terms follows under the realms of coercion and undue influence.

Distinguish between undue influence and coercion