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CONSENT A contract without free consent is voidable contract. Prof Shweta Verma, Faculty,IMM
Prof Shweta Verma, Faculty,IMM Flaw in consent Coercion (sec15) Undue influence (sec 16) Misrepresentation (sec 17,18) Mistake (sec 20,21) Faudulent or wilful (sec 17) Innocent or Unintentional (sec 18) Mistake of fact (sec 20) Mistake of law (sec 21)
Bala Debi vs Majumdar,A.I.R (1956) Cal 575 ,[object Object],Prof Shweta Verma, Faculty,IMM
MEANING OF CONSENT ,[object Object],Prof Shweta Verma, Faculty,IMM
FREE CONSENT ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],Prof Shweta Verma, Faculty,IMM
Coercion ,[object Object],Prof Shweta Verma, Faculty,IMM
Prof Shweta Verma, Faculty,IMM An example of Coercion
Decided case of coercion  Muthta vs Muthu Karuppa,(1927) 50 Mad 786 ,[object Object],Prof Shweta Verma, Faculty,IMM
Is Threat to commit suicide coercion? ,[object Object],[object Object],Prof Shweta Verma, Faculty,IMM
Effect of coercion-section 19 ,[object Object],[object Object],Prof Shweta Verma, Faculty,IMM
Example of effect of coercion ,[object Object],[object Object],Prof Shweta Verma, Faculty,IMM
2.UNDUE INFLUENCE-section16 ,[object Object],[object Object],[object Object],Prof Shweta Verma, Faculty,IMM
Example of undue influence Prof Shweta Verma, Faculty,IMM By operation you just execute a deed of giving your  Whole property to me
Following are the parties  that can be affected by  undue influence ,[object Object],[object Object],[object Object],[object Object],[object Object],Prof Shweta Verma, Faculty,IMM
Decided case on undue influence ,[object Object],Prof Shweta Verma, Faculty,IMM
Difference between  coercion and undue influence Prof Shweta Verma, Faculty,IMM Coercion  The consent of the aggrieved party is taken by committing or threatening to commit an act forbidden by Indian penal code.   Undue Influence The consent of the aggrieved party is obtained by dominating the party by taking an unfair advantage of his position. Physical force is exercised  Relationship between the promisor and the promisee is not necessary Moral force is used in undue influence Some sort of relationship must exist between the two parties to the contract
Prof Shweta Verma, Faculty,IMM
IMPORTANT POINTS ABOUT THE CASE ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],Prof Shweta Verma, Faculty,IMM
3.Fraud Prof Shweta Verma, Faculty,IMM Section 17
Meaning of fraud ,[object Object],[object Object],Prof Shweta Verma, Faculty,IMM
Definition under law section 17 ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],Prof Shweta Verma, Faculty,IMM
Essential of fraud ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],Prof Shweta Verma, Faculty,IMM
[object Object],There must be false representation Peek vs Gurney(1873) L.R 6 H .L 377 Prof Shweta Verma, Faculty,IMM
The representation must relate to material fact   Bisset vs Wilkinson (1972) A.C 177 ,[object Object],Prof Shweta Verma, Faculty,IMM
Examples of fraud ,[object Object],[object Object],Prof Shweta Verma, Faculty,IMM
Prof Shweta Verma, Faculty,IMM Mere silence without any legal  Duty to speak will not amount To fraud except where  (a) The circumstances of the case  Are such that regard being  Had to them ,it is the duty of the Person keeping silence to speak  (b)Silence in itself will be equivalent To speech Concealment  by mere silence is not fraud (c ) change of circumstances (d) Duty to speak-where contracting  Party  responses trust  and confidence
Decided case on  silence is not a fraud ,[object Object],[object Object],Prof Shweta Verma, Faculty,IMM
Essentials of fraud ,[object Object],[object Object],[object Object],Prof Shweta Verma, Faculty,IMM
Effect of Fraud ,[object Object],[object Object],[object Object],Prof Shweta Verma, Faculty,IMM
Examples of fraud ,[object Object],[object Object],[object Object],Prof Shweta Verma, Faculty,IMM
Misrepresentation Prof Shweta Verma, Faculty,IMM
Misrepresentation   ,[object Object],[object Object],[object Object],[object Object],Prof Shweta Verma, Faculty,IMM
Difference between fraud and  misrepresentation Prof Shweta Verma, Faculty,IMM Misrepresentation fraud There is no intention to deceive or to gain any undue advantage In fraud the false statement is made deliberately with a clear intention of deceiving the other party It makes the other contract only voidable at the option of the party  whose consent has been so caused In fraud the injured party besides avoiding the contract may also claim the damages.
Mistake  ,[object Object],[object Object],[object Object],Prof Shweta Verma, Faculty,IMM
Mistake of law ,[object Object],[object Object],[object Object],[object Object],Prof Shweta Verma, Faculty,IMM
Mistake of fact ,[object Object],[object Object],Prof Shweta Verma, Faculty,IMM
Bilateral mistake ,[object Object],[object Object],[object Object],[object Object],Prof Shweta Verma, Faculty,IMM
Case of material fact referring to previous slide ,[object Object],Prof Shweta Verma, Faculty,IMM
Unilateral mistake ,[object Object],[object Object],Prof Shweta Verma, Faculty,IMM

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1

  • 1. CONSENT A contract without free consent is voidable contract. Prof Shweta Verma, Faculty,IMM
  • 2. Prof Shweta Verma, Faculty,IMM Flaw in consent Coercion (sec15) Undue influence (sec 16) Misrepresentation (sec 17,18) Mistake (sec 20,21) Faudulent or wilful (sec 17) Innocent or Unintentional (sec 18) Mistake of fact (sec 20) Mistake of law (sec 21)
  • 3.
  • 4.
  • 5.
  • 6.
  • 7. Prof Shweta Verma, Faculty,IMM An example of Coercion
  • 8.
  • 9.
  • 10.
  • 11.
  • 12.
  • 13. Example of undue influence Prof Shweta Verma, Faculty,IMM By operation you just execute a deed of giving your Whole property to me
  • 14.
  • 15.
  • 16. Difference between coercion and undue influence Prof Shweta Verma, Faculty,IMM Coercion The consent of the aggrieved party is taken by committing or threatening to commit an act forbidden by Indian penal code. Undue Influence The consent of the aggrieved party is obtained by dominating the party by taking an unfair advantage of his position. Physical force is exercised Relationship between the promisor and the promisee is not necessary Moral force is used in undue influence Some sort of relationship must exist between the two parties to the contract
  • 17. Prof Shweta Verma, Faculty,IMM
  • 18.
  • 19. 3.Fraud Prof Shweta Verma, Faculty,IMM Section 17
  • 20.
  • 21.
  • 22.
  • 23.
  • 24.
  • 25.
  • 26. Prof Shweta Verma, Faculty,IMM Mere silence without any legal Duty to speak will not amount To fraud except where (a) The circumstances of the case Are such that regard being Had to them ,it is the duty of the Person keeping silence to speak (b)Silence in itself will be equivalent To speech Concealment by mere silence is not fraud (c ) change of circumstances (d) Duty to speak-where contracting Party responses trust and confidence
  • 27.
  • 28.
  • 29.
  • 30.
  • 31. Misrepresentation Prof Shweta Verma, Faculty,IMM
  • 32.
  • 33. Difference between fraud and misrepresentation Prof Shweta Verma, Faculty,IMM Misrepresentation fraud There is no intention to deceive or to gain any undue advantage In fraud the false statement is made deliberately with a clear intention of deceiving the other party It makes the other contract only voidable at the option of the party whose consent has been so caused In fraud the injured party besides avoiding the contract may also claim the damages.
  • 34.
  • 35.
  • 36.
  • 37.
  • 38.
  • 39.