Flaws in consentCoercion 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
Coercion Committing or threatening to commit any act forbidden by the Indian penal code,1860. Unlawful detaining or threatening to detain any property.
Undue influenceA 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.
Contracts with pardanashin womenDeed executed by pardanashin woman, must satisfy upon evidence: Full understanding Full knowledge Independent & disinterested advice
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
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.
Silence as to factsStatutory exceptions: Where the circumstances.. Other exceptions