DIFFERENCE BETWEEN COERCION AND UNDUE INFLUENCE

by • 29/05/2012 • B.com part 2 Business LawComments (0)816

 

Coercion:

  1. Parties to a contract may or may not be related to each other.
  2. Giving a threat of an offence or committing an offence obtains consent.
  3. It involves physical pressure.
  4. It can be exercised even by a stranger to the contract.
  5. The aggrieved party has to restore the benefit.
  6. Coercion has to be proved by the party alleging it; in no case it is presumed by the law.
  7. The party committing the crime may be punishable under P.P.C

Undue Influence:

  1. Parties to a contract are related to each other under some sort of relationship.
  2. Consent is obtained by dominating the will.
  3. It involves moral pressure.
  4. It can be exercised only by a party to a contract and not by a stranger.
  5. The party avoiding the contract may or may not return the benefit.
  6. The law under certain circumstances may presume it. The party against whom such presumption lies must disprove it.
  7. It doesn’t involve any criminal liability.
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