FREE CONSENT
Section 14 lays down that :- Consent is said to be free when it is not caused by:
°COERCION, as defined in section 15
°UNDUE INFLUENCE, as defined in section 16.
°FRAUD, as defined in section 17.
°MISREPRESENTATION, as defined in section 18.
°MISTAKE, as defined in section 20, section 21 and section 22.
°COERCION, as defined in section 15
°UNDUE INFLUENCE, as defined in section 16.
°FRAUD, as defined in section 17.
°MISREPRESENTATION, as defined in section 18.
°MISTAKE, as defined in section 20, section 21 and section 22.
ACCORDING TO INDIAN CONTRACT ACT
Section 15, "coercion is commuting or threatening to commit any act forbidden by Indian penal code, or the unlawful detainting or threatening to detain, any property, to the prejudice of any person whatever, with the intension of causing any person to enter into agreement".
Section 16, "A contract is said to be induced by undue influence as:-
(a.) The relation subsisting between the parties are such that one of the parties is in a position to dominate the will of the other, and
(b.) He uses the position to obtain an unfair advantage over the other"
(a.) The relation subsisting between the parties are such that one of the parties is in a position to dominate the will of the other, and
(b.) He uses the position to obtain an unfair advantage over the other"
Section 17, "Fraud means and include and of the following act done with intend to deceive or to induce a person to enter into a contract;
(1.) The suggestion that a fact is true when it is not true and the person making suggestion does not believe it to be true;
(2.) Active concealment of a fact by a person who has knowledge or believe of the fact;
(3.) Promise made without any intension of performing it;
(4.) Any other act fitted to deceive;
(5.) Any other act or omission as the law specifically declares to be fraudulent.
(1.) The suggestion that a fact is true when it is not true and the person making suggestion does not believe it to be true;
(2.) Active concealment of a fact by a person who has knowledge or believe of the fact;
(3.) Promise made without any intension of performing it;
(4.) Any other act fitted to deceive;
(5.) Any other act or omission as the law specifically declares to be fraudulent.
No comments:
Post a Comment