If consent to an agreement is due to undue influence, it becomes, at the discretion of the person whose consent has been affected, nullity. It is easy to conclude from the above discussion that any agreement whose approval is compromised by coercion, inappropriate influence, fraud and misrepresentation is, at the choice of the party whose agreement was caused, that it has not occurred. If the party whose agreement has been obtained by one of these elements accepts the agreement, the agreement becomes binding and binding on it, or it may reject it. Undue influence requires illegal activities and is not punishable by a person who has exerted inappropriate influence under the CPI. Any contract in which a party`s agreement ends in a misrepresentation is void. Misrepresentation is defined as follows in section 18. If the consent of the parties to an agreement is due to coercion, inappropriate influence, fraud and/or misrepresentation, the agreement is, at the party`s choice, whose agreement has been caused. Free consent is absolutely essential to enter into an agreement with a valid contract. The importance of free consent cannot be overemphasized. The approval of the party must be free and voluntary. It is necessary to approve without pressure or madness of the treaty.
The agreement of the parties is absolutely necessary, as this may undermine the validity of the contract. If consent has been obtained or caused by coercion, inappropriate influence, fraud, misrepresentation or error, the aggrieved person has the right to cancel the contract. There are some cases where the honour courts believe that there is an inappropriate influence between the parties. The effect of coercion is to cancel the contract. This means that it will cancel the party whose agreement was not free. The victim will therefore decide whether to impose the contract or terminate it. It is not sufficient for the applicant to indicate the possibility of undue influence that could have been exerted by the dominant party. It must be certain that a person used his position to influence the complainant. A possibility of the same is not sufficient for the complainant to avoid a contract. Inappropriate influence is immoral and uses mental pressure to obtain consent. The Law on Words, prohibited by the Indian Penal Code, requires the court to decide, in the case of a civil action, whether the alleged coercion constitutes a crime.
The threat to bring a false charm in order to make another one is to blackmail or coercion. In the case of Ranganayakamma against Alwar Sett, where the widow was forbidden to remove her husband`s body until she accepted the adoption. The court said their consent was not free and he was forced. It is clear that coercion commits or threatens to commit an act of law. Undue influence occurs when one person is able to convince another party`s decisions because of the relationship between the two parties. Often one party is because of a high status, a higher education or emotional ties in a position of power over the other. The most powerful person takes advantage of this advantage to take the other by chance, to make decisions that may not be in his or her long-term interest. There can be no comprehensive list of facts that are essential to the treaty and that are not essential to the treaty. The importance of the facts depends on the nature of the contract, which is in any case different. Overall, the courts have established some essential facts for each agreement. They`re next. Hardss occurs when there is a physical coercion or direct recourse to violence to the person or there is a threat to a person`s life.