Consent of Parties - Contract Law

When entering into agreement, the parties must be...

(a)  

Consent must be free from.......

• coercion

• undue influence

• fraud

• misrepresentation

The provision regarding Free Consent is provided in (a)  

What is the definition of coercion?

(a)  

What is the decision in the case of Kesarmals/o LetchmanDas v. ValiappaChettiar(1954)?

• it was held that the transfer of land executed under the orders of the Sultan, issued in the ominous presence of two Japanese officers, was voidable at the option of the party coerced into giving his consent

• It was held that the additional payment was not voluntarily made but under threat. The court ordered the appellants to refund the respondents for the additional paymentsmade.

• It was held that the contract is voidable but the must court decide

• the court order the appellant to forgive each other and be happy

What is the effect of voidable contract?

(a)  

What is the provision regarding effects of coercion?

• Section 19 of Company Act

• Section 19 of Bankcruptcy Act

• Section 19 of Contract Act 1950

• Section 1(9) of Contract Act 1950

What happens if any sum of money or property had transferred under a voidablecontract?

• Refer Section 66 of Contract Act 1950

• Section 65 of the CA 1950

• Section 62 of the CA 1950

• Section 73 of the CA 1950

Contract under coercion is...

• voidable at the options of party whose consent was so caused.

• totally void in first instant.

• is a voidable contract because consent was not given freely.

• is voidable but the court to decide not the option of any party.

If money has been paid, but the contract was entered under coercion. What happened to the money paid?

• not his money anymore why bother

• does not matter, already lost.

• must repay or return it to the person he had coerced

• must refund to the loss party