Chapter 4 Free consent and void agreements

Question 1

Define Consent and free consent?

Answer 1

Two person are said to consent when they agree upon the same thing in the same sense.
Consent is said to be free when it is not caused by a) coercion b) undue influence c) fraud d) misrepresentation e) mistake

Question 2

Define coercion?

Answer 2

Coercion is the committing any act forbidden by the Pakistan panel code or unlawful detaining any property with the intension of causing any person to enter into an agreement. [party exercising coercion may either stranger or a relatives]

Question 3

Discuss effects and burden of proof of coercion?

Answer 3

Burden of proof:
Party rescinding(avoid) the contract will have to proof that there was coercion at the time contract.
Effects of coercion:
Contract is void at the option of aggrieved party. If contract is rescind party will restitute(restore) benefits received.

Question 4

Define undue influence? Discuss where undue influence is assumed and where not?

Answer 4

One party is in a positions to dominate the will of other party because of close relation between them and dominant party uses that positions to obtain an unfair advantage.
where undue influence assumed
He has real or apparent
relationship (Employer and
Employee, Police officer and Accused, Tax officer and Tax payer)
He has fiduciary relationship(Parent and Child, Guardian and Minor, Advocate and Client, Trustee and Beneficiary, Fiance’ and Fiance’e)
Mental capacity is effected(Doctor and Patient, Medical attendant and Patient, Family member and enfeebled(weak) old man)
Where undue influence is not assumed:
(Husband and Wife, Creditor and Debtor, Landlord and Tenant, Principal and Agent)