| Direction: A principle(s) and a fact situation are given in questions decide, only on the basis of the principles. |
| Principle: Two or more persons are said to consent when they agree upon the same thing in the same sense. |
| Coercion: Coercion is the committing, or threatening to commit, any act forbidden by the Indian Penal Code, or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement. |
| A contract is said to be induced by 'undue influence' where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. When consent to a contract is caused by Coercion, then the contract is voidable at the option of the party whose consent was so caused. |
| Facts Raj was an old Hindu man of 65 when his son and daughter-in-law told him that until and unless he transfer all his property in their name, they won't feed him or give him shelter or maintain him in any other manner. |
A) This is a case of coercion since every Hindu is obligated to maintain his parents in old age
B) This is a case of undue influence exercised by the children over the old father
C) This is a case of either coercion or undue influence since the adult son can decide whether he wants to maintain his rather or not
D) None of the above
Correct Answer: B
Solution :
It is clearly a case of undue influence' exercised by son and daughter-in-law, on the father, as they asked him to transfer all his property in their name, otherwise they will not feed him or give him shelter,
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