Legal Notes

IndDer Singh Vs Paremshwarae Dhari Singh

AIR 1957 Pat H91

Free consent
One of the essential elements of the valid contract
Detailing or threatening of the property to the prejudice of any person

Coercion
Committing or threatening to commit a act which is forbidden by IPC or the unlawful
detailinjfudu(fnan y pe

A contract is said to be used where relation I such that one of the parties is in a position to
dominate the and uses the to attain illuminati

Section 16 (2)
Apparent Authority
Where do we stand in a fiduciaryt relationship
Person makes a cpontrac with a person whose mental capacity is temporarily or
permanently

When you hold real or apparent authority over other

Where he stands a fiduciary relationship to the other
Where he makes contract with a person whose mental capacity is permanently or
temporarily affected by illness and mental incapacity

Section 16 (3)

When a person who is in a position to dominate the deal of another enter into a contract
and transaction appears to be unconscionable on the face of it and on the basis of evidence
produced. The burden of proving that such a conrect was not induced by undue influence,
lies on the person, who is in a position to dominate the will of the author.