Scribd Logo
Upload

Welcome to Scribd!

  • 1.definition of Free Consent?

    Uploaded by

    Nazrul Islam Emon
    6 views4 pages
    This document defines and compares different situations that can result in non-free consent: 1) Coercion is forcing or threatening unlawfully to create an agreement. Undue influence involves domination over another's will through an unfair advantage like a fiduciary relationship or age/illness. 2) Fraud involves deceiving with intent, while misrepresentation uses false statements only to obtain privileges without intent to deceive. 3) Mistakes can be of law, voiding agreements due to changes like new policies, or of fact if unexpected events alter existing agreements.

    Original Description:

    Original Title

    Chapter 7.docx

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document defines and compares different situations that can result in non-free consent: 1) Coercion is forcing or threatening unlawfully to create an agreement. Undue influence involves domination over another's will through an unfair advantage like a fiduciary relationship or age/illness. 2) Fraud involves deceiving with intent, while misrepresentation uses false statements only to obtain privileges without intent to deceive. 3) Mistakes can be of law, voiding agreements due to changes like new policies, or of fact if unexpected events alter existing agreements.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    6 views4 pages

    1.definition of Free Consent?

    Uploaded by

    Nazrul Islam Emon
    This document defines and compares different situations that can result in non-free consent: 1) Coercion is forcing or threatening unlawfully to create an agreement. Undue influence involves domination over another's will through an unfair advantage like a fiduciary relationship or age/illness. 2) Fraud involves deceiving with intent, while misrepresentation uses false statements only to obtain privileges without intent to deceive. 3) Mistakes can be of law, voiding agreements due to changes like new policies, or of fact if unexpected events alter existing agreements.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 4

    1

    Chapter 7
    Free Consent
    1.Definition of free consent?
    “Two or more persons are said to consent when they
    agree upon the same thing in the same sense” is called
    free consent.

    2.When a consent is not free?


    I. Coercion.
    II. Undue influence.
    III. Fraud.
    IV. Misrepresentation.
    V. Mistake.

     Coercion
    3. Definition of coercion?
    To force or threat unlawfully is called coercion.
    2

    Features of coercion:
    I. To force, to threat.
    II. At any person.
    III. Intention to create agreement.
    IV. It doesn’t matter whether the law is enforced or not.

    Special Cases:
    I. Prosecution- To protect legal rights.
    II. High prices and high interest rates- Though it is illegal but
    it is not coercion.
    III. Suicide- To protect legal right fast to death is not coercion.

    4.Undue Influence
    A contract is said to be induced undue influence where exists
    domination the will of others and unfair advantages.

    #Presumption:
    I. Fiduciary relationship- Relationship of natural trust and
    confidence.
    II. Age, illness, mental or bodily distress.
    3

    5. Differences between undue influence and


    coercion-
    Coercion Influence
    To force To influence
    Physical force Mental force

    6. Differences between Fraud and Misrepresentation-

    Fraud Misrepresentation
    Fraud means to deceive other In misrepresentation false statements
    person and the agreement used only for get privileges here has
    form with intention of no intention to deceive other.
    deceiving people.

    7. What is Mistake?
    Mistake may be defined as an erroneous belief concerning
    something.

    Types of mistakes-
    I. Mistake of law: Existing agreement may void or change.
    For example- political issue, Government needs can
    change or void an agreement.
    4

    II. Mistake of fact: Existing agreement may void or change


    because of unexpected situation. For example- Rain or fire
    destroy the sold products of warehouse.

    You might also like