Coercion
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This document discusses the concept of free consent in contracts. It defines free consent as consent given voluntarily without coercion, undue influence, fraud, or mistake. Free consent is one of the essential elements of a valid contract. Coercion is defined as threatening unlawful acts or unlawfully detaining property to force someone to enter a contract against their will. Contracts made under coercion are considered voidable at the option of the coerced party. The burden of proof is on the party claiming coercion to show their consent was not freely given.
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Undue influence occurs when one party in a relationship dominates the will of the other party to obtain an unfair advantage. For a contract to be affected by undue influence, there must be a relationship where one party can dominate the other, the dominant party must intend to take unfair advantage, and they must use their position to influence the other's decision. Certain relationships like parent-child or trustee-beneficiary are considered fiduciary and undue influence is presumed, while influence must be proven in other relationships like husband-wife. Undue influence differs from coercion in that it uses moral pressure rather than physical force and requires a relationship where one party can dominate the other. A contract induced by undue influence may be considered voidable
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1. A void agreement is one that is not enforceable by law and does not create any legal obligations.
2. Certain types of agreements are considered void, including those made by incompetent parties, under mutual mistake, with an unlawful consideration/object, in restraint of marriage or trade, or that are uncertain or involve wagering.
3. For an agreement to be considered a void wagering agreement, it must involve a promise to pay money or its equivalent based on an uncertain event outside the parties' control, where neither party has any other interest in the outcome.
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This document summarizes laws relating to contracts by minors in India. It states that agreements with or by a minor are void. However, a minor can be a promisee or beneficiary in a contract. A minor's agreement cannot be ratified upon reaching majority and there is no estoppel against pleading minority as a defense. A minor also cannot enter into partnerships or be declared insolvent. A minor's property may be liable for necessaries, and a minor can serve as an agent without personal liability.
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The document discusses the concepts of free consent, coercion, undue influence, misrepresentation, fraud, and mistake under Indian contract law. It provides definitions and explanations of these concepts according to various sections of Indian contract law. Specifically, it explains that for consent to be considered free, it cannot be caused by coercion, undue influence, fraud, misrepresentation or mistake. It also discusses the implications and consequences of contracts entered into without free consent due to these vitiating factors.
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The document summarizes key aspects of contract law under the Indian Contract Act of 1872. It defines a contract and outlines essential elements for a valid contract such as offer, acceptance, consideration, capacity to contract, and free consent. It discusses different types of contracts such as valid/invalid, express/implied, executed/executory, and unilateral/bilateral contracts. It also covers concepts such as privity of contract, minority, coercion, and undue influence.
Presentation on Indian contract act
The document discusses the key elements of a valid contract under Indian contract law, as outlined in the Indian Contract Act of 1872. It provides definitions of a contract and highlights the essential elements that must be present for an agreement to be considered legally enforceable, including offer and acceptance, lawful consideration, capacity and consent of parties, lawful object and terms, possibility of performance, and satisfaction of any formal requirements. The objective of the Contract Act is to ensure the legal rights and obligations of parties to a contract are upheld and remedies are available for breach.
The indian contract act, 1872
The document discusses key concepts related to contracts under Indian law such as the definition of a contract, essential elements of a valid contract, capacity to contract, free consent and its exceptions. Some key points:
1. A contract is an agreement that is enforceable by law. It requires an offer, acceptance of the offer, intention to create a legal relationship, consideration and consent.
2. For a contract to be valid, the parties must have the capacity to contract, meaning they must be of the age of majority and sound mind.
3. Free consent is an essential element and consent obtained through coercion, undue influence or fraud is not considered free consent and may make the contract voidable.
Mistake
The document discusses different types of mistakes in business law. There are two main types of mistakes: mistakes of law and mistakes of fact. Mistakes of law can occur regarding the laws of one's own country or the laws of a foreign nation. Mistakes of fact can be either bilateral, involving misunderstandings between both parties, or unilateral, involving a mistake by only one party. Bilateral mistakes of fact regarding essential elements of a contract, such as the subject matter or possibility of performance, will void the contract due to lack of consent.
22914162 the-indian-contract-act-1872
The document discusses key concepts related to contracts under the Indian Contract Act of 1872 such as:
1. A contract is defined as an agreement that is enforceable by law, which involves an offer, acceptance of that offer, intention to create a legal relationship, consideration, capacity to contract, and free consent.
2. Essential elements of a valid contract include offer and acceptance, intention to create a legal relationship, consensus ad idem, consideration, capacity to contract, free consent, legality of object, and possibility of performance.
3. For a contract to be valid, consent between the parties must be free and not caused by coercion, undue influence, or fraud/misrepresentation.
Business law lec-1
This document discusses the key elements of a valid contract under the Contract Act of 1872 in Pakistan. It explains that a contract is a legally binding agreement between two or more parties that creates rights and obligations. For an agreement to be considered a valid contract, it must meet several essential elements: there must be an offer and acceptance, lawful consideration, capacity of the parties to contract, free consent, a lawful object, certainty of terms, and compliance with any formalities required by law. The document outlines each of these essential elements in detail.
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Consent, Free Consent and Factors Affecting Free Consent
Consent, Free Consent and Factors Affecting Free Consent
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Remedies for Breach of Contracts
The document discusses remedies for breach of contract. It defines a breach of contract as the violation of an agreement when one party fails to fulfill their promises. There are three types of breaches: material, partial, and anticipatory. The main remedies for a breach include rescinding the contract, suing for damages, suing for specific performance of the contract, obtaining an injunction, or claiming quantum meruit for partial work completed. Damages can be liquidated or unliquidated amounts. Specific performance requires the breaching party to actually fulfill their contractual duties. An injunction prohibits a party from an action they promised not to do in the contract.
Discharge of Contracts
This document discusses the various modes of discharge of contracts under business law. There are six main modes of discharge: 1) by performance, when both parties fulfill their contractual obligations; 2) by consent or agreement, when parties mutually agree to alter or cancel the contract; 3) by lapse of time, if a legal action is not taken within the limitation period; 4) by operation of law, due to events like insolvency, death or court judgment; 5) by impossibility of performance, if the contract becomes impossible or unlawful to perform; and 6) by breach, if a party fails to perform without a valid excuse. Each mode is explained with examples of how a contract can be discharged through that particular means
Performance of contracts
The document discusses performance of contracts under business law. It defines performance as parties fulfilling their promises under a contract unless excused. There are two types of performance: actual performance when a party completely fulfills their obligation, and attempted performance or tender when a party offers to perform even if the other party refuses. For a valid tender, performance must be unconditional, at the proper time, place, to the proper person, and with the exact amount owed. Parties responsible for performance include the promisor, joint promisors, agents, legal representatives, and in some cases third parties.
Mis-representation
This document discusses misrepresentation in business law. It defines misrepresentation as an untrue statement of a material fact that affects a party's decision to enter a contract. There are three types of misrepresentation: fraudulent, negligent, and innocent. For a misrepresentation to occur, there must be a representation of a material fact made without intent to deceive the other party. If misrepresentation is found, an aggrieved party can rescind the contract and/or seek damages. Rescission cancels the contract and returns the parties to their pre-contract positions.
Capacity of Parties
The document discusses the capacity of parties to form a valid contract under business law. It outlines three types of parties that are considered incapable: minors under 18 years old, persons of unsound mind unable to understand contracts, and disqualified persons such as alien enemies or convicts. Minors can be promisees or agents but cannot be partners, company members, or adjudged insolvent. A person's soundness of mind is determined by their ability to understand and rationally judge a contract.
Consideration
This document discusses the concept of consideration in business law. It defines consideration as an act, abstinence, or promise given in exchange for a promise. Consideration provides evidence of an agreement between parties and makes a promise enforceable. Consideration can be executory, executed, or past. It must be real, lawful, and move at the desire of the promisor but need not be adequate. Without consideration, an agreement is merely a gratuity and unenforceable. The document outlines the essential elements of a valid consideration and provides examples to illustrate different types.
Acceptance
The document discusses the concepts of offer, acceptance, and termination of an offer in business law. It states that an offer becomes a proposal when one party indicates a willingness to another party to do or abstain from an act to obtain the other's consent. Acceptance occurs when the party to whom the proposal is made agrees to it, creating a promise. For an acceptance to be valid, it must be absolute, communicated to the offeror within a reasonable time period, and not a counteroffer. An offer can end through lapsing of time, failure to meet conditions, revocation, rejection, or improper acceptance.
Offer / Proposal
The document discusses the concept of an offer in business law. It defines an offer as when one person indicates their willingness to another to do or abstain from doing something with the goal of obtaining the other's consent. An offer can be made expressly through words in writing or orally, or implied through conduct. For an offer to be legally valid, it must be communicated to the other party, made with the intent of gaining consent, have definite terms, be capable of creating a legal agreement, and not merely state an intention. A tender is a type of offer made in response to an invitation to bid. An offer can be revoked any time before it is accepted by providing notice or allowing the time frame to lapse.
Formation of a Contract
The document discusses the Indian Contract Act 1872 and key concepts in contract law. It provides an overview of the sources of Indian mercantile law, the scope covered by the Contract Act, and what the Act aims to do. Key definitions from the Act are presented, such as proposal, promise, consideration and agreement. The essential elements for forming a valid contract - proposal, acceptance, consideration and enforceability - are outlined.
Goal Setting
Goal setting is an important process for achieving success and focusing one's efforts. It involves identifying both lifetime goals and smaller intermediate goals to work towards the larger goals. The document outlines steps for effective goal setting, including setting specific, measurable, attainable, relevant and time-bound (SMART) goals. It also discusses maintaining and updating goals over time as priorities change. An example is provided of breaking down lifetime career and artistic goals into 5-year, 1-year, 6-month, 1-month and 1-week intermediate goals.
SWOT Analysis
SWOT analysis is a strategic planning tool that can be used on a personal level to identify areas of strength, weakness, opportunity, and threats. It involves examining your situation in these four areas. To perform a personal SWOT analysis, you write down answers to questions about your strengths, weaknesses, opportunities, and threats. The simple format makes it easy to apply without support as part of career planning or discussions.
Self Awareness
Self-awareness is the ability to see yourself clearly through reflection and understand your personality, strengths, weaknesses, emotions, and how others perceive you. Developing self-awareness can make you more confident, creative, and effective in relationships and leadership. Techniques for improving self-awareness include meditating, asking yourself questions, keeping a journal, seeking honest feedback from friends and family, and living in the present moment to analyze your emotions. For example, a woman struggling with low self-esteem was able to accept opportunities by developing self-awareness to recognize how her fears were holding her back.
Theories of personality-III - Self Theory & Social learning theory
The document discusses Carl Rogers' self theory of personality. According to Rogers, a fully functioning person is open to experience, lives in the present moment, trusts their feelings, is creative, and feels fulfilled in life. The self theory proposes that our self-concept and self-worth are influenced by childhood experiences and others' evaluations. It also discusses the concepts of self-image, ideal self, looking glass self, true self, and congruence between our ideal and actual selves.
Theories of Personality-II - Trait Theories
The document outlines several theories of personality, including psychoanalytical theories proposed by Freud, Sheldon, and Jung. It also discusses trait theories proposed by Gordon Allport, Raymond Cattell, and Hans Eysenck. Allport proposed that traits exist in cardinal, central, and secondary levels. Cattell narrowed Allport's list of 4000 traits down to 16 factors. Eysenck proposed three dimensions of personality: introversion-extraversion, neuroticism-emotional stability, and psychoticism.
Theories of Personality-I - Psycho-Analytical Theories
The document discusses several theories of personality, including Sigmund Freud's psychoanalytic theory, William Sheldon's physiognomy theory, and Carl Jung's extroversion/introversion theory. Freud's psychoanalytic theory proposes that personality is shaped by two basic drives: eros, representing love and survival instincts, and thanatos, representing aggression and death instincts. Sheldon's theory identified three personality types - endomorph, ectomorph, and mesomorph - based on physical characteristics. Jung's theory distinguishes between extroversion, where one is energized by external experiences, and introversion, where one is energized by internal thoughts and feelings.
Personality Traits
This document discusses personality and its development. It defines personality as the unique way a person reacts and interacts with others according to their psychological systems and environment, as described by Gordon Allport and Stephen Robbins. Personality is determined by factors such as heredity, biology, culture, religion, personal experiences, environment, and situations. It also examines Cattell's 16 personality factors and the Myers-Briggs Type Indicator as ways to understand personality traits.
Eco square
This document proposes establishing Eco SQUARE, a company that will collect, recycle, and compost waste to produce organic fertilizers and soil enhancers. The recycled products will help clean the environment in southern Tamilnadu districts and meet the growing demand for organic fertilizers. Eco SQUARE aims to establish a sustainable environment, make the planet greener, provide organic manures for agriculture, and continue traditional farming practices. The keys to success are overcoming perception issues, building customer trust, rapid expansion, reasonable prices, and obtaining investment.
Rural marketing in India
Rural marketing refers to marketing activities where at least one participant is from a rural area. It involves marketing inputs to rural areas as well as marketing outputs from rural markets elsewhere. Rural markets in India are still evolving and pose various challenges including large, scattered populations with low literacy and seasonal, transportation and communication issues. However, improving socioeconomic factors, infrastructure, and incomes are increasing opportunities for business in rural India. Effective rural marketing requires strategies tailored for product pricing, distribution, packaging, and promotion to rural consumers.
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The document contains multiple choice questions about various companies, brands, and terms. It tests knowledge about the origins of words like economics, companies like Ranbaxy and Ashok Leyland, brands like Johnnie Walker and their associated logos, terms like intrapreneur, and the origins of products like port wine and who invented the ballpoint pen.
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四.办理各国各大学文凭(一对一专业服务,可全程监控跟踪进度)
如果您处于以下几种情况：
◇在校期间，因各种原因未能顺利毕业……拿不到官方毕业证【q/微741003700】
◇面对父母的压力，希望尽快拿到；
◇不清楚认证流程以及材料该如何准备；
◇回国时间很长，忘记办理；
◇回国马上就要找工作，办给用人单位看；
◇企事业单位必须要求办理的
◇需要报考公务员、购买免税车、落转户口
◇申请留学生创业基金
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
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Coercion
- 1. FREE CONSENT COERCION BUSINESS LAW S.M. GOLDYN ABRIC SAM, ASST. PROFESSOR, DEPT. OF MANAGEMENT STUDIES, NMCC, MARTHANDAM
- 2. ESSENTIAL ELEMENTS OF A VALID CONTRACT Essential Elements of a Valid Contract Offer and Acceptance Legal Relationship Lawful Consideration Capacity of the Parties Free Consent Legality of the object Legal Formalities Certainty Possibility of performance Not expressly declared void S.M. GOLDYN ABRIC SAM, ASST. PROFESSOR, DEPT. OF MANAGEMENT STUDIES, NMCC, MARTHANDAM
- 3. FREE CONSENT Term ‘consent’ means agreement between the parties upon the same thing in the same sense, ie. Consensus ad idem. Absence of consent may arise from number of causes, viz., i. Nature of the contract ii. Identity of the parties iii. Subject matter of the agreement If the parties enter into an agreement concerning particular persons and things, but each has different persons or things in his mind, there is no agreement and no contract comes into existence between them. S.M. GOLDYN ABRIC SAM, ASST. PROFESSOR, DEPT. OF MANAGEMENT STUDIES, NMCC, MARTHANDAM
- 4. FREE CONSENT Free consent is the consent which has been obtained by the free will of the parties out of their own accord. According to Sec.14 of the Indian Contract Act, 1872, consent is said to be free when it is not caused by : 1. Coercion (Sec.15) 2. Undue influence (Sec.16) 3. Fraud (Sec.17) 4. Misrespresentation (Sec. 18) 5. Mistake (Secs.20,21&22) S.M. GOLDYN ABRIC SAM, ASST. PROFESSOR, DEPT. OF MANAGEMENT STUDIES, NMCC, MARTHANDAM
- 5. 1. COERCION Sec.15 of the Indian Contract Act, 1872, defines coercion as the committing or threatening to commit any act forbidden by the Indian Penal Code, OR, an unlawful detaining or threatening to detain, any property to the prejudice (hurtful) of any person to enter into an agreement. For Eg. •Consent obtained at the point of pistol or intimidation. •A threat to commit suicide with the intention of causing a person to enter into an agreement. •Threats of imprisonment. S.M. GOLDYN ABRIC SAM, ASST. PROFESSOR, DEPT. OF MANAGEMENT STUDIES, NMCC, MARTHANDAM
- 6. ESSENTIALS OF COERCION (EVIDENCES) 1) There should be a clear utterance of threat. 2) The threat should be to commit an act forbidden by the Indian Penal Code. 3) It must be committed with the intention of causing the aggrieved party to enter into an agreement. 4) Unlawful detaining or threatening to detain any property. 5) Coercion may be employed by a party to the contract or by his agent. 6) Coercion may be used against a party to the contract or against any other third person (who has interest in the agreement). S.M. GOLDYN ABRIC SAM, ASST. PROFESSOR, DEPT. OF MANAGEMENT STUDIES, NMCC, MARTHANDAM
- 7. DURESS Coercion in India is known as duress in England. S.No. Coercion Duress 1. Coercion may be directed even against a third party. Duress must be aimed against the life of the contracting party, his wife or children. 2. Coercions may proceed from any person. Duress must proceed from the party to the contract. 3. For eg., It may be by way of threat to commit suicide. For eg., duress must be such as to cause immediate violence (bodily harm) S.M. GOLDYN ABRIC SAM, ASST. PROFESSOR, DEPT. OF MANAGEMENT STUDIES, NMCC, MARTHANDAM
- 8. BURDEN OF PROOF The burden of proof of an act of coercion vests with the aggrieved party. He/she should prove that his consent in the contract was obtained by force. EFFECT OF COERCION Sec. 16 provides that an agreement for which consent is obtained by coercion is voidable at the option of the party whose consent is so obtained. S.M. GOLDYN ABRIC SAM, ASST. PROFESSOR, DEPT. OF MANAGEMENT STUDIES, NMCC, MARTHANDAM
- 9. S.M. GOLDYN ABRIC SAM, ASST. PROFESSOR, DEPT. OF MANAGEMENT STUDIES, NMCC, MARTHANDAM