PRESENTATION OF BBA-5 OF UCP

3. Definition of Coercion
 Coercion is a practice of unlawfully
intimidating a person or property, employed
to induce a person to enter into an
agreement without his independent will. This
involves physical pressure.
 Coercion includes blackmailing, threatening
to kill or beat any person, torture, harming
the family of a person, detaining property.
The acts influenced by coercion are

4.  A threatens B to marry him, or
else he will kill her whole family.
In this situation, the consent of B
is not free i.e. it is influenced
by coercion.
 A threatens B to sell his house to A
otherwise he will be killed.

6.  Undue Influence is a situation in which one
person, influences the free will of another
person by using his position and authority
over the other person, which forces the other
person to enter into an agreement. Mental
pressure and moral force are involved in it.
 The parties to the contract are in fiduciary
relation to each other like a master –
servant, teacher – student, trustee –
beneficiary, doctor – patient, parent – child,
solicitor – client, employer – employee, etc.
The contract between the parties is voidable,
i.e. the weaker party can enforce it, if he

7.  A teacher forces his student to sell his brand
new watch, in a very nominal price, in order
to get good grades in the examination. In
this situation, the consent of the student is
affected by the undue influence.

8.  The major differences between coercion and undue
influence are as under:
 The act of threatening a person in order to induce him to
enter into an agreement is known as coercion. The act of
persuading the free will of another person, by taking
advantage of position over the weaker party, is known as
undue influence.
 Coercion, is defined in section 15 while Undue Influence is
defined in section 16 of the Indian contract Act, 1872.
 The party who employs coercion, is criminally liable. On
the other hand, the party who exercises undue influence,
is not criminally liable.
 Coercion involves physical force, whereas Undue
Influence involves mental pressure.
 The parties under coercion need not to be in any
relationship with each other. As opposed to undue