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Fundamental Rights

Choose the co...

Question

Choose the correct answers from the following alternatives given
X threatens to kill Y if he does not agree to sell his scooter to him fort 2,000 only. Here Y's consent is obtained by _____________.

A

undue influence

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B

fraud

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C

coercion

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D

none of these

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Solution

The correct option is C coercion
Coercion .
In simple words, coercion implies the utilization of power by one gathering or propel an individual to go into an agreement. Section 15 of the Contract Act characterizes 'coercion' is the submitting or taking steps to submit any action prohibited by Indian Penal Code, or the unlawful confining or taking steps to keep, any property, to the bias of any individual whatever

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Q. Principle: Two or more persons are said to consent if they agree upon the same thing in the same sense. Consent is said to be free when it is not caused by coercion, on undue influence, or fraud, or misrepresentation, or mistake.
When consent to an agreement is caused by coercion, undue influence, fraud or misrepresentation, the agreement is a contract voidable (rescindable or terminable) at the option of the party whose consent was so caused. However, when consent to an agreement is caused by mistake as to a matter of fact essential to the agreement, the agreement is void.
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