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Various Forms of Caste in Politics

X agrees to p...

Question

X agrees to pay Y Rs. 10,000, if Y give up the idea of kidnapping his son. The agreement is void because of _________.

A

consent obtained through undue influence

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B

consent caused by coercion

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C

consent obtained through fraud

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D

consent obtained through misrepresentation

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Solution

The correct option is B consent caused by coercion
One of the important elements of contract is free consent which means that the parties to a contract must have consented to the contract with a free mind and not on any influence. Agreements entered upon with violated free consent is voidable in nature. There are various through which parties are influenced which includes misrepresentation of facts, or through using undue influence or by coercion or by committing fraud.
In the present matter, X has agreed to pay Y if he does not kidnap his son which in itself is a unlawful consideration as well as Y has coerced X to agree to this as he is threatening X to kidnap his son. Hence, this agreement is voidable on part of X.

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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.
Fact: 'X' threatens to gun down 'Y' if he ('Y') does not sell his property worth

R s . 2000000

R s . 100000

only. As a consequence, 'Y' agrees to sell it as demanded by 'X'.
Which of the following derivations is correct?

Q. Where the consent of a party is obtained by misrepresentation, the contract is _______________.

Q. Bholaram agreed to pay a certain sum when he was able to pay to Sitaram. Agreement is void because _____.

Q. Where one party is in a position to dominate the will of another and uses his superior position to obtain the consent of a weaker party, the consent is said to be obtained by _______________.

Q. Given below is a statement of legal principle followed by factual situation. Apply the principle to the facts and select the most appropriate answer.
Principle: An agreement becomes a contract when it is entered into between two or more people with each other's free consent. Two or more people are said to consent when they agree to the same thing in the same sence. Consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation or mistake.
A went to a doctor to get himself treated. The doctor asked him to sign a "consent form" and said that unless he signs it, he will not examine him. A signed the form waiving his right to sue the doctor.

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