This agreement was considered inconclusive because “A” had applied coercion while the Indian Penal Code was not in force at the place where the act took place. In accordance with the Indian Contract Act, consent is obtained in all situations, unless it is caused by coercion, unlawful influence, fraud, misrepresentation or error. These methods of obtaining approval make the agreement questionable in the aggrieved party`s proceeding and may invalidate the contract. However, if there has been an error in obtaining consent, the agreement is deemed invalid. The main objective of this aspect is to be fair to both parties and to ensure that the judgment of one of the parties has not been tarnished or influenced before the conclusion of a contract. This doctrine helps to promote individual autonomy and freedom of contract. In accordance with section 17 of the Indian Contract Act, fraud includes any of the following acts committed by a party, its dunivance or its representative, in order to deceive or induce a party or its representative to enter into the contract: 10. Questionable contract 2(i): A contract is a contestable contract if it is legally applicable to the choice of one or more of the parties (i.e. the injured party) and is not applicable to the choice of the other party. The law is applicable. (2) if he concludes a contract with a person whose mental capacity is temporarily or permanently compromised by reason of age, illness or psychological or physical burden. If a contract is concluded without the free consent of another party, the contracting party whose agreement is not obtained may remedy this: the burden of proof lies with the party defending the constraint.
The burden of proof is heavier for him. This is because pure probability or fear is not a threat. To create coercion, a person must prove that there was a risk prohibited by law that required him to enter into a contract that he would not otherwise have. • The contract is not cancelled by law. If the agreement is concluded by coercion, the probability of cancellation of the contract is lower. To compel a person to enter into an illegal contract. Unlawful influence is the exercise of power or domination by a person who has a fiduciary relationship with the other party or a person of authority. Another aspect of consent is the requirement for information and, to achieve this, it is relevant that there is no fraud or misrepresentation. Understanding would occur if there is no error on the part of one of the parties in understanding the terms of the agreement.
Contracts are the most complicated part of every transaction and should be handled with equal caution….