ROUGH DRAFT

OF
“CONTRACT-I”

SUBMITTED TO: Mrs Sushmita Singh SUBMITTED BY:

(Faculty of Contract I) Shreya Sinha
Roll No.- 1648
Semester: 2nd
Session: 2016-2021

TOPIC
“COERCION IN INDIAN LAW AND DURESS IN ENGLISH LAW”

INTRODUCTION
According to section 10 of the Indian Contract Act, 1872, free consent is an essential
requirement of a contract. Section 14 of the Indian Contract Act, 1872 defines “free consent.”
According to section 14, of the Indian Contract Act, Consent is said to be free when it is not
caused by:
1. Coercion, as defined in the section 15, or,
2. Undue Influence as defined in the section 16, or,
3. Fraud as defined in the section 17, or,
4. Misrepresentation as defined in the section 18, or,
5. Mistake, subject to the provisions of Sections 20, 21 and 22.

Where consent to an agreement is caused by coercion, undue influence, fraud, or,

misrepresentation the contract is said to be voidable at the option of the party whose consent
was so caused. And, where consent is caused by mistake, the agreement is void and a void
agreement is not enforceable at the option of either party.
Coercion
According to the Section 15, of the Indian Contract Act, 1872, “Coercion” is the committing,
or, threatening to commit any act forbidden by the Indian Penal Code (XLV of 1860), 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.
Explanation: It is immaterial whether the Indian Penal Code (XLV of 1860), is or is not in
force in the place where coercion is employed.
Duress
Under Common law duress consists in actual violence or threat of violence to a person. It
only includes fear of loss to life or bodily harm including imprisonment, but not a threat of
damage to goods. The threat must be to do something illegal, i.e. to commit a tort or a crime.
There is nothing wrong in threat to prosecute a person for an offence, or to sue him for a tort
committed by him, although threatening illegal detention would be duress. Moreover, duress
must be directed against a party to the contract, or his wife, child, parent or other near
relative, and also caused by a party to the contract, or within his knowledge.

RESEARCH QUESTIONS
1. What is coercion?
2. What is duress?
3. What are the similarities between coercion and duress?
4. What are the differences between coercion and duress?
5. Comparative analysis of coercion under Indian law and duress under English law.

HYPOTHESIS
The definition of coercion under Indian law covers a wider area as compared to that of duress
under English law. Under English law, duress consists actual or threatened violence, or
imprisonment of the contracting party, or anybody directly or closely associated to the
contracting party by the other party to the contract or anyone acting with his knowledge and
for his advantage. Whereas, in India, it includes the unlawful detention of person and
property by any person; directed against, not necessarily the contracting party only. It may be
directed against any person, even if he is a stranger to the party. Threat to person as a
vitiating factor has been termed as ‘duress’ in England and threat to person and threat to
property has been collectively termed as ‘coercion’ in India which is a major problem in
dealing with when covering Duress and Coercion apart from the other problem in hand that
Coercion covers a wider area by significantly pointing out the minute intricacies like the
capacity of a stranger to sue / to be sued in a contract.
 TENTATIVE CHAPTERIZATION
1. Introduction
2. Free Consent
3. Coercion
4. Duress
5. Comparison of Coercion with Duress
6. Case Laws
7. Conclusion

RESEARCH METHODOLOGY
For this study, primary research method was utilised. Various articles, e-articles, reports and
books from library were used extensively in framing all the data and figures in appropriate
form, essential for this study.
The method used in writing this research is primarily analytical.

BIBLIOGRAPHY
 Books

1. Dr. R.K. Bangia, Contract-I(Allahabad Law Agency)

2. Avtar Singh, Contract & Specific Relief(Eastern Book Company), Twelfth Edition

 Statutes

1. The Indian Contract Act, 1872