Comparison between coiercion and undue influence

PRESENTATION OF BBA-5 OF UCP

1. Comparison between coercion and undue influence

2. coercion Definition of Coercion Coercion is a practice of unlawfully intimidating a person or property, employed to induce a person to enter into an agreement without his independent will. This involves physical pressure. Coercion includes blackmailing, threatening to kill or beat any person, torture, harming the family of a person, detaining property. The acts influenced by coercion are voidable, not void.

3. Example:  A threatens B to marry him, or else he will kill her whole family. In this situation, the consent of B is not free i.e. it is influenced by coercion. A threatens B to sell his house to A otherwise he will be killed.

4. Undue Influence Undue Influence is a situation in which one person, influences the free will of another person by using his position and authority over the other person, which forces the other person to enter into an agreement. Mental pressure and moral force are involved in it. The parties to the contract are in fiduciary relation to each other like a master – servant, teacher – student, trustee – beneficiary, doctor – patient, parent – child, solicitor – client, employer – employee, etc. The contract between the parties is voidable, i.e. the weaker party can enforce it, if he seems some benefit in it

5. Example   A teacher forces his student to sell his brand new watch, in a very nominal price, in order to get good grades in the examination. In this situation, the consent of the student is affected by the undue influence.

6. Differences Between Coercion and Undue Influence The major differences between coercion and undue influence are as under: The act of threatening a person in order to induce him to enter into an agreement is known as coercion. The act of persuading the free will of another person, by taking advantage of position over the weaker party, is known as undue influence. Coercion, is defined in section 15 while Undue Influence is defined in section 16 of the Indian contract Act, 1872. The party who employs coercion, is criminally liable. On the other hand, the party who exercises undue influence, is not criminally liable. Coercion involves physical force, whereas Undue Influence involves mental pressure. The parties under coercion need not to be in any relationship with each other. As opposed to undue influence, the parties must be in a fiduciary relationship with each other.