The document discusses various aspects of free consent in contracts such as coercion, undue influence, misrepresentation, and mistake. It provides definitions and examples of these concepts. It also summarizes a key court case - Bala Debi vs Majumdar, where an illiterate woman executed a deed of gift under the mistaken belief that it was authorizing her nephew to manage her lands. The court held the deed was void as the woman's consent was not free due to the mistake.
13. Example of undue influence By operation you just execute a deed of giving your Whole property to me
14.
15.
16. Difference between coercion and undue influence Moral force is used in undue influence Some sort of relationship must exist between the two parties to the contract Physical force is exercised Relationship between the promisor and the promisee is not necessary Undue Influence The consent of the aggrieved party is obtained by dominating the party by taking an unfair advantage of his position. Coercion The consent of the aggrieved party is taken by committing or threatening to commit an act forbidden by Indian penal code.
26. Mere silence without any legal Duty to speak will not amount To fraud except where (a) The circumstances of the case Are such that regard being Had to them ,it is the duty of the Person keeping silence to speak (b)Silence in itself will be equivalent To speech Concealment by mere silence is not fraud (c ) change of circumstances (d) Duty to speak-where contracting Party responses trust and confidence
33. Difference between fraud and misrepresentation fraud Misrepresentation In fraud the injured party besides avoiding the contract may also claim the damages. It makes the other contract only voidable at the option of the party whose consent has been so caused In fraud the false statement is made deliberately with a clear intention of deceiving the other party There is no intention to deceive or to gain any undue advantage
