2. Flaws in consent
Coercion Undue influence Misrepresentat Mistake
(Sec. 15) (Sec.16) ion
Fraudulent or Innocent or
willful unintentional
(Sec-17) (Sec. 18)
Mistake of fact Mistak
(Sec.20) (Sec. 21
Bilateral Unilateral
Of the Of th
mistakes mistakes
country forei
coun
Mistake as to Mistake as to the As to the person As to the nature of
subject-matter possibility of contracted with contract
regarding performance
Physical Legal impossibility
impossibility
3. Coercion
Committing or threatening to commit any act
forbidden by the Indian penal code,1860.
Unlawful detaining or threatening to detain
any property.
4. Undue influence
A person is deemed to be in a position to dominate the
will of another:
a) where he holds a real or apparent authority over the
other.
b) Where he stands in a fiduciary relation to the other.
c) Where he makes a contract with a person whose
mental capacity is temporarily or permanently
affected.
5. Contracts with pardanashin women
Deed executed by pardanashin woman, must satisfy
upon evidence:
Full understanding
Full knowledge
Independent & disinterested advice
6. Coercion VS undue influence
Consent given under the Consent given under
threat of an offence moral influence
Physical character Moral character
Intention Use of position
Involves a criminal act No criminal act
involved
7. Fraud-elements
Representation or assertion & must be false.
Representation must relate to a material fact.
Representation must have been made before the conclusion of
the contract.
Representation must have been made with a knowledge of its
falsity.
Other party must have been induced to act upon the
representation.
The other party must have relied upon the representation &
must have been deceived.
8. Silence as to facts
Statutory exceptions:
Where the circumstances..
Other exceptions
