Question 1 (b)

Coercion and undue influence

6 marks

Time to write: About 12 minutes
Topic: Free consent
Notes: Crux notes

Question

Question 1 (b) · 6 marks

Define coercion and undue influence. How do the two differ from each other?

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

12 minfor 6 marks

Read from the question

Define…How…?Two asks in one question: answer both.
How do the two differSet the differences out in a table, basis by basis, not as two separate essays.

Write it in this order

Read; underline the asks; jot your points 1 min
1 Coercion defined 1½ marks 2 min
2 Undue influence defined 1½ marks 2 min
3 Differences 3 marks 5 min
Check: every ask answered, key terms underlined 2 min

123

Short on time? Trim steps 1–3 evenly rather than skip one: each is capped at its own marks.

Try it first. About 12 minutes for 6 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.

Coercion (section 15). Coercion means committing, or threatening to commit, an act that the Indian Penal Code forbids, or unlawfully detaining property or threatening to do so, to anyone's prejudice, with the intention of making any person enter into an agreement. A contract obtained in this way is voidable at the option of the aggrieved party.

Picture itCoercion and undue influence

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.

Undue influence (section 16). A contract is induced by undue influence when one party is able “to dominate the will of the other and uses that position to obtain an unfair advantage over” him. Such a contract is voidable, not void. Some relationship between the parties is essential, and the influence is always exercised between the parties to the contract.

Differences:

Basis	Coercion	Undue influence
Nature	Physical force or threat; an act forbidden by the Penal Code, or detaining property unlawfully	Moral or mental pressure; no criminal act
Relationship	No relationship between the parties is needed	Some relationship between the parties is essential
By whom	Need not proceed from the promisor, and may be used even by a stranger to the contract	Always exercised between the parties to the contract
Effect	Contract voidable at the option of the party coerced	Contract voidable, or the court may set it aside or enforce it with modifications
Benefit received	On rescission, any benefit received must be restored (s. 64)	The court may direct the return of the benefit in whole or in part, or not

Where the 6 marks sit

#	Component	Marks
1	Coercion defined	1.5
2	Undue influence defined	1.5
3	Differences	3
	Total	6

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