Free Consent Consensus ad idem( English law)

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•Identity
of mind
•Consent should be real and free
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Coercion
Undue influence
Fraud
Misrepresentation
Mistake
Voidable
Void
Meaning – threat or force used by one party
Case-Ranganayakamma Vs. Alwar(13 year old
girl case)
Effect- Voidable
If money included then have to return
Burden to proof- who want to set aside the
contract on plea of coercion
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Coercion in English law
Difference
Coercion may be directed even against third
party
Coercion can be against life or property
Essential -Parties should be in relation to
influence
-One Party should be in dominating position
- Unfair advantage of position
Effect- Voidable
Suspicion of undue influence
Inadequate consideration
Meaning :Act committed to deceive another
party
e.g.
False suggestion in spite of known fact
Concealment of fact
Promise without intention of Performing
Effect : Voidable
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