Effect of Coercion in a Contract and its Remedies

Sec 10, Free consent is an essential component in a contract. Said to be free when not caused by:1. Coercion[Sec 15] 

3.

Undue influence[Sec 16] Fraud [Sec 17]

4.

Misrepresentation[Sec 18]

5.

Mistake[Sec 20,21,22]

2.

´ According

to Section 15, Coercion is the committing, committ ing, or threatening to commit any act forbidden by the Indian Penal Code, or the Unlawful detaining or threatening t hreatening to detain, any property, property, to the  prejudice of any person whatever with the t he intention of causing any   person to enter into an agreement µ

´According to Section 15, Coercion would also be caused by the unlawful detaining or threatening to detain, any property, property, to the prejudice of any person whatever, whatever, with the intention of causing any person to enter into an agreementµ

Essar Steel Ltd v. Union Of India, (2006) (2006) 1 GLH 609 (Guj):(2006) (Guj):(2006) 1 Guj Guj LR 436

It consists in Actual Violence or threat of Violence to a person. Only includes fear of Loss to life or bodily harm including imprisonment, but not a threat of damage to goods..

Threat to Goods is no Duress « In this the Common Law recognizes only threat to man·s person person and not to his goods to constitute duress.1

Skeate v. Beale. Beale. (1840) 11 A. & E. 983 1. Skeate

Coercion Duress Threatening to Commit / Committing to an act forbidden under the IPC

Under Under Common Law, Law, consists consists in actual violence or threat of Violence to a person.

Against a person or to his property.

Against Against a person person and not not to his property

May procee proceed d from a person person who is not a party to the contract.

Always Always proceed proceed from from a party to to the contract.





Voidability oidability of contrac contract-Sec t-Sec 19 Right to claim compensation

´No

other acts are explained in the definition of Coercion like Narcotics Act,1985 and Domestic Violence Act,2005µ