LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

NipFactz   03 January 2020

I want illustrations between A and B .

I want illustrations of Coercion , Fraud , Undue influence , Misrepresentation , Mistake .


Learning

 4 Replies

shubhi srivastava   04 January 2020

As per Section 15 of Indian Contract Act.. Coercion illustration is as follows: Ex. A young widow of 13 years was compelled to adopt a boy by the relatives under threat of preventing the removal of dead body of her husband. Held that the consent was vitiated by coercion and therefore the agreement is voidable. As per section 17 of Indian Contract Act Fraud is illuatrated with the example : Ex.. A company issued a prospectus giving false information about unfounded wealth of Nevada so that people may be induced to subacribe for shares. Held it amounts to Fraud. As per 16(1) of Indian Contract Act undue influence is illuatrated with the help of ex. Given below. Ex.... An old hindu lady gifted away the whole of her property to her religious 'Guru' to secure benefits to her soul in the next world. Held, the consent was obtained by undue influence and therefore the contract was voidable. As per Section 18 of Indian Contract Act " Misrepresentation " is illuatrated with the example given below. Ex.... A company issued a prospectus in which all the information is false but the company asserts it to b true infront of the public for subscripttion of shares.. If the public purchase the shares of the company and later discovers all the information to be false.. Therefore it is misrepresentation of facts. Lastly Mistake it can be Mistake of law or a Mistake of a fact.. Ex of Mistake of law..... A is caught travellling without ticket in a train. He cannot be excused on the ground that he was not aware of the compulsion of ticket to travel in train. Ex.. Of Mistake of fact.... P inspected 50 rifles in the shop of H. Later on, he telegraphed 'Send three rifles'but due to mustake of telegraph office, the message was transmitted as 'Send the rifles' H sent all the 50 rifles. P accepted only three rifles and returned the remianing 47 rifles. Hence there was mistake of third party so no contract was initiated. Thanks..
2 Like

G.L.N. Prasad (Retired employee.)     04 January 2020

Please search in YOU TUBE for better explanations and tutorials on any subject in law.  In a forum which is intended to help and guide members on real and practical issues, members may not like to respond on theory.

G.L.N. Prasad (Retired employee.)     04 January 2020

If you wanted in one example, the following is the situation.

A is the father.  B is the son.  A asked B to get the  jewel of his mother.  B has stolen it and handed over to his father A.

If you don't get it, I will kill you is "Coercion"

After B delivering it to his father, A says that the jewel is artificial is a fraud if the jewel is studded with diamonds.

If A says that as father I am commanding you to bring that and If you don't obey my instructions you are not my son, then it is "undue influence"

A says that the jewel is presented by him to his wife and hence he is having such rights as owner and induces his son to bring it then it is a "misrepresentation" if the jewel was gift from her parents.

If B brings the jewel thinking that it is artificial without any value then it is a mistake.

 

Dr J C Vashista (Advocate)     05 January 2020

Is it an examination hall ????


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register