Identity of mind Consent should be real and free.

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Presentation transcript:

Identity of mind Consent should be real and free

 Coercion  Undue influence  Fraud  Misrepresentation  Mistake Voidable Void

Meaning – threat or force used by one party Case-Ranganayakamma Vs. Alwar(13 year old girl case) Effect- Voidable If money included then have to return Burden to proof- who want to set aside the contract on plea of coercion

 Coercion in English law  Difference  Coercion may be directed even against third party  Coercion can be against life or property

Essential -Parties should be in relation to influence -One Party should be in dominating position - Unfair advantage of position Effect- Voidable Suspicion of undue influence Inadequate consideration

Meaning :Act committed to deceive another party e.g. False suggestion in spite of known fact Concealment of fact Promise without intention of Performing Effect : Voidable

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