Question 5 (a) part i
Coercion and undue influence
4 marks
- Time to write
- About 8 minutes
From an older CBCS paper
Question
Question 5 (a) part i · 4 marksOf the following, write the difference between any two
- Coercion and undue influence
Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.
Before you write
Read off the question and its marks
Read from the question
- any twoThe paper asks for any 2, and this is one of them. Only 2 are marked: a third earns nothing.
- difference betweenSet the differences out in a table, basis by basis, not as two separate essays.
What the paper leaves open
The paper asks for any two of the three pairs, 8 marks in all; each pair is a part of 4 marks here (inferred).
Write it in this order
- Read; underline the asks; jot your points 1 min
- 1 (i) Coercion and undue influence 4 marks 7 min
Try it first. About 8 minutes for 4 marks. Write it out, then open the solution.
Solution
Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.
(i) Coercion and undue influence. Coercion is getting a person to enter into an agreement by committing, or threatening to commit, an act forbidden by the Indian Penal Code (s. 15), or by unlawfully detaining, or threatening to detain, property. Undue influence exists where the relations between the parties allow one of them to dominate the other's will, and he uses that position to gain an unfair advantage over the other (s. 16).
1A raised lathi over the counter: the signature it forces is coercion.
CoercionCommitting, or threatening to commit, an act that the Indian Penal Code forbids
2At the sickbed, the nephew guides the trembling pen—position used, will dominated.
Undue influenceTo dominate the will of the other and uses that position to obtain an unfair advantage over
3Either way, the paper is the victim's to tear—voidable at his choice, not void on its own.
VoidableSuch a contract is voidable, not void.
| Basis | Coercion | Undue influence |
|---|---|---|
| Relationship | Not needed | Essential: one party dominates the other's will |
| By whom | May be used even by a stranger to the contract | Exercised between the parties |
| Effect | Voidable at the option of the party coerced | Voidable; the court may set it aside on terms |
| Benefits received | On rescission, any benefit received must be restored (s. 64) | The court decides whether, and how much, the aggrieved party returns |
Where the 4 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | (i) Coercion and undue influence | 4 |
| Total | 4 |
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