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Directions: Read the following passage and answer the question.
For a contract to be valid, the consent of the parties must be genuine. The principle of consensus-ad-idem is followed, which means that the parties entering into the contract must mean the same thing in the same sense.
Mere consent is not enough for a contract to be enforceable; the consent given must be free and voluntary. The definition of free consent provided under the Indian Contracts Act is as: 'Consent that is free from coercion, undue influence, fraud, misrepresentation or mistake'. Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.
The objective of the principle of free consent is to ensure that judgement of the parties while entering into the contract wasn't clouded. Therefore, consent given under coercion, undue influence, fraud, misrepresentation or mistake has the potential to invalidate the contract.
For example, such a factor which could invalidate a contract is the presence of coercion. According to the Indian Contracts Act, 1872, coercion is defined as commission, or threat to commit, any act forbidden by the Indian Penal Code 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.
Coercion could be directed against the prejudice of any person and not just the party to the contract. It is also not necessary that only the party to the contract causes the coercion. Even a third party to the contract can cause coercion to obtain the consent.
The burden of proof in cases of coercion lies on the party whose consent was coerced. When consent of a party was obtained through coercion, the contract becomes voidable at the option of the party whose consent was so obtained.
[Extracted with edits and revisions from Contract Law, blog by Ipleaders]
Q. John and Manoj were engaged in the computer equipment trading business. John consistently used physical threats against Manoj to ensure that he remained the exclusive business partner. The court issued a judgment that nullified the contract solely based on Manoj's complaint. Was the court's decision warranted?
  • a)
    No, as the court made its decision solely based on Manoj's complaint without any supporting evidence.
  • b)
    Yes, because the mere use of coercion automatically renders the contract invalid, justifying the court's decision without additional proof.
  • c)
    No, because the fact that Manoj continued doing business with John despite the threats indicates his willingness to maintain the business relationship, thus undermining the court's justification.
  • d)
    Yes, because the burden of proof lies with John to demonstrate that he did not employ coercion, and he failed to do so.
Correct answer is option 'A'. Can you explain this answer?
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Directions: Read the following passage and answer the question.For a c...
According to the passage, it is Manoj's responsibility to demonstrate how coercion was used to obtain his consent, and the court is obligated to request this substantiation. A mere complaint of coercion without supporting evidence will not suffice for the court to make a judgment.
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Directions: Read the following passage and answer the question.For a c...
Analysis of the Courts Decision:

Insufficient Evidence:
- The courts decision was not warranted because it was solely based on Manoj's complaint without any supporting evidence.
- In legal matters, it is essential to have concrete evidence before nullifying a contract, especially in cases of coercion.

Legal Requirement:
- While coercion can render a contract voidable, the burden of proof lies on the party whose consent was coerced to provide evidence of such coercion.
- In this case, John should have been given the opportunity to defend himself and present evidence before the court made a decision.

Assessment of Manoj's Actions:
- The fact that Manoj continued doing business with John despite the threats raises questions about the validity of his complaint.
- It indicates a willingness to maintain the business relationship, which undermines the justification for nullifying the contract based solely on his complaint.

Importance of Due Process:
- In legal proceedings, it is crucial to follow due process and ensure that decisions are based on sufficient evidence rather than just one party's complaint.
- This helps in upholding the principles of justice and fairness in contract law.
Therefore, in this case, the court's decision to nullify the contract solely based on Manoj's complaint was not warranted due to insufficient evidence and the lack of due process followed in assessing the situation.
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Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.For a contract to be valid, the consent of the parties must be genuine. The principle of consensus-ad-idem is followed, which means that the parties entering into the contract must mean the same thing in the same sense. The parties to the contract must have the same understanding in regard to the subject matter of the contract.Mere consent is not enough for a contract to be enforceable; the consent given must be free and voluntary. The definition of free consent provided under the Indian Contracts Act is as: Consent that is free from coercion, undue influence, fraud, misrepresentation or mistake. Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.Clearly, free consent means the absence of any kind of coercion, undue influence, fraud, misrepresentation or mistake. When the consent which is given is affected by these elements, it calls into question whether the consent given was free and voluntary. The objective of this principle is to ensure that judgement of the parties while entering into the contract wasnt clouded. Therefore, consent given under coercion, undue influence, fraud, misrepresentation or mistake has the potential to invalidate the contract.For example, such a factor which could invalidate a contract is the presence of coercion. According to the Indian Contracts Act, 1872, coercion is defined as commission, or threat to commit, any act forbidden by the Indian Penal Code 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.A very crucial part of the law is the phrase "to the prejudice of any person whatever", which means the coercion could be directed against the prejudice of any person and not just the party to the contract. It is also not necessary that only the party to the contract causes the coercion. Even a third party to the contract can cause coercion to obtain the consent, as was seen in the case of Ranganayakamma v. Alwar Sethi, where a widow was coerced into adopting a boy by the boys parents by not allowing the corpse of the widows husband to be removed from the home until the adoption was made.The burden of proof in cases of coercion lies on the party whose consent was coerced. When consent of a party was obtained through coercion, the contract becomes voidable at the option of the party whose consent was so obtained.Q.John and Manoj were in the business of trading computer equipment. John had regularly threatened Manoj physically so that he could be his exclusive business partner. The court passed a judgement invalidating the contract based on Manojs complaint alone. Was the court justified in doing so?

Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.For a contract to be valid, the consent of the parties must be genuine. The principle of consensus-ad-idem is followed, which means that the parties entering into the contract must mean the same thing in the same sense. The parties to the contract must have the same understanding in regard to the subject matter of the contract.Mere consent is not enough for a contract to be enforceable; the consent given must be free and voluntary. The definition of free consent provided under the Indian Contracts Act is as: Consent that is free from coercion, undue influence, fraud, misrepresentation or mistake. Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.Clearly, free consent means the absence of any kind of coercion, undue influence, fraud, misrepresentation or mistake. When the consent which is given is affected by these elements, it calls into question whether the consent given was free and voluntary. The objective of this principle is to ensure that judgement of the parties while entering into the contract wasnt clouded. Therefore, consent given under coercion, undue influence, fraud, misrepresentation or mistake has the potential to invalidate the contract.For example, such a factor which could invalidate a contract is the presence of coercion. According to the Indian Contracts Act, 1872, coercion is defined as commission, or threat to commit, any act forbidden by the Indian Penal Code 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.A very crucial part of the law is the phrase "to the prejudice of any person whatever", which means the coercion could be directed against the prejudice of any person and not just the party to the contract. It is also not necessary that only the party to the contract causes the coercion. Even a third party to the contract can cause coercion to obtain the consent, as was seen in the case of Ranganayakamma v. Alwar Sethi, where a widow was coerced into adopting a boy by the boys parents by not allowing the corpse of the widows husband to be removed from the home until the adoption was made.The burden of proof in cases of coercion lies on the party whose consent was coerced. When consent of a party was obtained through coercion, the contract becomes voidable at the option of the party whose consent was so obtained.Q.Abhi worked in a space research agency. He entered into a contract with Ravi that he would make him travel to Mars if he invested in his next space project. Ravi agreed and invested heavily in Abhis project. Abhi promised him that he would send him to Mars whenever they launched the project. Later, Ravi found that Abhis company had gone bankrupt and his Mars mission had never taken shape. Abhi told him that they were about to start the Mars project hoping that people would invest and they would recover the debt money, but a newspaper wrote that scientists are yet to discover the method to reach Mars and people took back their money. Ravi sued Abhi for influencing him in investing in an unenforceable contract. Decide.

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Directions: Read the following passage and answer the question.For a contract to be valid, the consent of the parties must be genuine. The principle of consensus-ad-idem is followed, which means that the parties entering into the contract must mean the same thing in the same sense.Mere consent is not enough for a contract to be enforceable; the consent given must be free and voluntary. The definition of free consent provided under the Indian Contracts Act is as: Consent that is free from coercion, undue influence, fraud, misrepresentation or mistake. Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.The objective of the principle of free consent is to ensure that judgement of the parties while entering into the contract wasnt clouded. Therefore, consent given under coercion, undue influence, fraud, misrepresentation or mistake has the potential to invalidate the contract.For example, such a factor which could invalidate a contract is the presence of coercion. According to the Indian Contracts Act, 1872, coercion is defined as commission, or threat to commit, any act forbidden by the Indian Penal Code 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.Coercion could be directed against the prejudice of any person and not just the party to the contract. It is also not necessary that only the party to the contract causes the coercion. Even a third party to the contract can cause coercion to obtain the consent.The burden of proof in cases of coercion lies on the party whose consent was coerced. When consent of a party was obtained through coercion, the contract becomes voidable at the option of the party whose consent was so obtained.[Extracted with edits and revisions from Contract Law, blog by Ipleaders]Q. John and Manoj were engaged in the computer equipment trading business. John consistently used physical threats against Manoj to ensure that he remained the exclusive business partner. The court issued a judgment that nullified the contract solely based on Manojs complaint. Was the courts decision warranted?a)No, as the court made its decision solely based on Manojs complaint without any supporting evidence.b)Yes, because the mere use of coercion automatically renders the contract invalid, justifying the courts decision without additional proof.c)No, because the fact that Manoj continued doing business with John despite the threats indicates his willingness to maintain the business relationship, thus undermining the courts justification.d)Yes, because the burden of proof lies with John to demonstrate that he did not employ coercion, and he failed to do so.Correct answer is option 'A'. Can you explain this answer?
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Directions: Read the following passage and answer the question.For a contract to be valid, the consent of the parties must be genuine. The principle of consensus-ad-idem is followed, which means that the parties entering into the contract must mean the same thing in the same sense.Mere consent is not enough for a contract to be enforceable; the consent given must be free and voluntary. The definition of free consent provided under the Indian Contracts Act is as: Consent that is free from coercion, undue influence, fraud, misrepresentation or mistake. Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.The objective of the principle of free consent is to ensure that judgement of the parties while entering into the contract wasnt clouded. Therefore, consent given under coercion, undue influence, fraud, misrepresentation or mistake has the potential to invalidate the contract.For example, such a factor which could invalidate a contract is the presence of coercion. According to the Indian Contracts Act, 1872, coercion is defined as commission, or threat to commit, any act forbidden by the Indian Penal Code 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.Coercion could be directed against the prejudice of any person and not just the party to the contract. It is also not necessary that only the party to the contract causes the coercion. Even a third party to the contract can cause coercion to obtain the consent.The burden of proof in cases of coercion lies on the party whose consent was coerced. When consent of a party was obtained through coercion, the contract becomes voidable at the option of the party whose consent was so obtained.[Extracted with edits and revisions from Contract Law, blog by Ipleaders]Q. John and Manoj were engaged in the computer equipment trading business. John consistently used physical threats against Manoj to ensure that he remained the exclusive business partner. The court issued a judgment that nullified the contract solely based on Manojs complaint. Was the courts decision warranted?a)No, as the court made its decision solely based on Manojs complaint without any supporting evidence.b)Yes, because the mere use of coercion automatically renders the contract invalid, justifying the courts decision without additional proof.c)No, because the fact that Manoj continued doing business with John despite the threats indicates his willingness to maintain the business relationship, thus undermining the courts justification.d)Yes, because the burden of proof lies with John to demonstrate that he did not employ coercion, and he failed to do so.Correct answer is option 'A'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: Read the following passage and answer the question.For a contract to be valid, the consent of the parties must be genuine. The principle of consensus-ad-idem is followed, which means that the parties entering into the contract must mean the same thing in the same sense.Mere consent is not enough for a contract to be enforceable; the consent given must be free and voluntary. The definition of free consent provided under the Indian Contracts Act is as: Consent that is free from coercion, undue influence, fraud, misrepresentation or mistake. Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.The objective of the principle of free consent is to ensure that judgement of the parties while entering into the contract wasnt clouded. Therefore, consent given under coercion, undue influence, fraud, misrepresentation or mistake has the potential to invalidate the contract.For example, such a factor which could invalidate a contract is the presence of coercion. According to the Indian Contracts Act, 1872, coercion is defined as commission, or threat to commit, any act forbidden by the Indian Penal Code 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.Coercion could be directed against the prejudice of any person and not just the party to the contract. It is also not necessary that only the party to the contract causes the coercion. Even a third party to the contract can cause coercion to obtain the consent.The burden of proof in cases of coercion lies on the party whose consent was coerced. When consent of a party was obtained through coercion, the contract becomes voidable at the option of the party whose consent was so obtained.[Extracted with edits and revisions from Contract Law, blog by Ipleaders]Q. John and Manoj were engaged in the computer equipment trading business. John consistently used physical threats against Manoj to ensure that he remained the exclusive business partner. The court issued a judgment that nullified the contract solely based on Manojs complaint. Was the courts decision warranted?a)No, as the court made its decision solely based on Manojs complaint without any supporting evidence.b)Yes, because the mere use of coercion automatically renders the contract invalid, justifying the courts decision without additional proof.c)No, because the fact that Manoj continued doing business with John despite the threats indicates his willingness to maintain the business relationship, thus undermining the courts justification.d)Yes, because the burden of proof lies with John to demonstrate that he did not employ coercion, and he failed to do so.Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read the following passage and answer the question.For a contract to be valid, the consent of the parties must be genuine. The principle of consensus-ad-idem is followed, which means that the parties entering into the contract must mean the same thing in the same sense.Mere consent is not enough for a contract to be enforceable; the consent given must be free and voluntary. The definition of free consent provided under the Indian Contracts Act is as: Consent that is free from coercion, undue influence, fraud, misrepresentation or mistake. Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.The objective of the principle of free consent is to ensure that judgement of the parties while entering into the contract wasnt clouded. Therefore, consent given under coercion, undue influence, fraud, misrepresentation or mistake has the potential to invalidate the contract.For example, such a factor which could invalidate a contract is the presence of coercion. According to the Indian Contracts Act, 1872, coercion is defined as commission, or threat to commit, any act forbidden by the Indian Penal Code 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.Coercion could be directed against the prejudice of any person and not just the party to the contract. It is also not necessary that only the party to the contract causes the coercion. Even a third party to the contract can cause coercion to obtain the consent.The burden of proof in cases of coercion lies on the party whose consent was coerced. When consent of a party was obtained through coercion, the contract becomes voidable at the option of the party whose consent was so obtained.[Extracted with edits and revisions from Contract Law, blog by Ipleaders]Q. John and Manoj were engaged in the computer equipment trading business. John consistently used physical threats against Manoj to ensure that he remained the exclusive business partner. The court issued a judgment that nullified the contract solely based on Manojs complaint. Was the courts decision warranted?a)No, as the court made its decision solely based on Manojs complaint without any supporting evidence.b)Yes, because the mere use of coercion automatically renders the contract invalid, justifying the courts decision without additional proof.c)No, because the fact that Manoj continued doing business with John despite the threats indicates his willingness to maintain the business relationship, thus undermining the courts justification.d)Yes, because the burden of proof lies with John to demonstrate that he did not employ coercion, and he failed to do so.Correct answer is option 'A'. Can you explain this answer?.
Solutions for Directions: Read the following passage and answer the question.For a contract to be valid, the consent of the parties must be genuine. The principle of consensus-ad-idem is followed, which means that the parties entering into the contract must mean the same thing in the same sense.Mere consent is not enough for a contract to be enforceable; the consent given must be free and voluntary. The definition of free consent provided under the Indian Contracts Act is as: Consent that is free from coercion, undue influence, fraud, misrepresentation or mistake. Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.The objective of the principle of free consent is to ensure that judgement of the parties while entering into the contract wasnt clouded. Therefore, consent given under coercion, undue influence, fraud, misrepresentation or mistake has the potential to invalidate the contract.For example, such a factor which could invalidate a contract is the presence of coercion. According to the Indian Contracts Act, 1872, coercion is defined as commission, or threat to commit, any act forbidden by the Indian Penal Code 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.Coercion could be directed against the prejudice of any person and not just the party to the contract. It is also not necessary that only the party to the contract causes the coercion. Even a third party to the contract can cause coercion to obtain the consent.The burden of proof in cases of coercion lies on the party whose consent was coerced. When consent of a party was obtained through coercion, the contract becomes voidable at the option of the party whose consent was so obtained.[Extracted with edits and revisions from Contract Law, blog by Ipleaders]Q. John and Manoj were engaged in the computer equipment trading business. John consistently used physical threats against Manoj to ensure that he remained the exclusive business partner. The court issued a judgment that nullified the contract solely based on Manojs complaint. Was the courts decision warranted?a)No, as the court made its decision solely based on Manojs complaint without any supporting evidence.b)Yes, because the mere use of coercion automatically renders the contract invalid, justifying the courts decision without additional proof.c)No, because the fact that Manoj continued doing business with John despite the threats indicates his willingness to maintain the business relationship, thus undermining the courts justification.d)Yes, because the burden of proof lies with John to demonstrate that he did not employ coercion, and he failed to do so.Correct answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions: Read the following passage and answer the question.For a contract to be valid, the consent of the parties must be genuine. The principle of consensus-ad-idem is followed, which means that the parties entering into the contract must mean the same thing in the same sense.Mere consent is not enough for a contract to be enforceable; the consent given must be free and voluntary. The definition of free consent provided under the Indian Contracts Act is as: Consent that is free from coercion, undue influence, fraud, misrepresentation or mistake. Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.The objective of the principle of free consent is to ensure that judgement of the parties while entering into the contract wasnt clouded. Therefore, consent given under coercion, undue influence, fraud, misrepresentation or mistake has the potential to invalidate the contract.For example, such a factor which could invalidate a contract is the presence of coercion. According to the Indian Contracts Act, 1872, coercion is defined as commission, or threat to commit, any act forbidden by the Indian Penal Code 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.Coercion could be directed against the prejudice of any person and not just the party to the contract. It is also not necessary that only the party to the contract causes the coercion. Even a third party to the contract can cause coercion to obtain the consent.The burden of proof in cases of coercion lies on the party whose consent was coerced. When consent of a party was obtained through coercion, the contract becomes voidable at the option of the party whose consent was so obtained.[Extracted with edits and revisions from Contract Law, blog by Ipleaders]Q. John and Manoj were engaged in the computer equipment trading business. John consistently used physical threats against Manoj to ensure that he remained the exclusive business partner. The court issued a judgment that nullified the contract solely based on Manojs complaint. Was the courts decision warranted?a)No, as the court made its decision solely based on Manojs complaint without any supporting evidence.b)Yes, because the mere use of coercion automatically renders the contract invalid, justifying the courts decision without additional proof.c)No, because the fact that Manoj continued doing business with John despite the threats indicates his willingness to maintain the business relationship, thus undermining the courts justification.d)Yes, because the burden of proof lies with John to demonstrate that he did not employ coercion, and he failed to do so.Correct answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the following passage and answer the question.For a contract to be valid, the consent of the parties must be genuine. The principle of consensus-ad-idem is followed, which means that the parties entering into the contract must mean the same thing in the same sense.Mere consent is not enough for a contract to be enforceable; the consent given must be free and voluntary. The definition of free consent provided under the Indian Contracts Act is as: Consent that is free from coercion, undue influence, fraud, misrepresentation or mistake. Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.The objective of the principle of free consent is to ensure that judgement of the parties while entering into the contract wasnt clouded. Therefore, consent given under coercion, undue influence, fraud, misrepresentation or mistake has the potential to invalidate the contract.For example, such a factor which could invalidate a contract is the presence of coercion. According to the Indian Contracts Act, 1872, coercion is defined as commission, or threat to commit, any act forbidden by the Indian Penal Code 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.Coercion could be directed against the prejudice of any person and not just the party to the contract. It is also not necessary that only the party to the contract causes the coercion. Even a third party to the contract can cause coercion to obtain the consent.The burden of proof in cases of coercion lies on the party whose consent was coerced. When consent of a party was obtained through coercion, the contract becomes voidable at the option of the party whose consent was so obtained.[Extracted with edits and revisions from Contract Law, blog by Ipleaders]Q. John and Manoj were engaged in the computer equipment trading business. John consistently used physical threats against Manoj to ensure that he remained the exclusive business partner. The court issued a judgment that nullified the contract solely based on Manojs complaint. Was the courts decision warranted?a)No, as the court made its decision solely based on Manojs complaint without any supporting evidence.b)Yes, because the mere use of coercion automatically renders the contract invalid, justifying the courts decision without additional proof.c)No, because the fact that Manoj continued doing business with John despite the threats indicates his willingness to maintain the business relationship, thus undermining the courts justification.d)Yes, because the burden of proof lies with John to demonstrate that he did not employ coercion, and he failed to do so.Correct answer is option 'A'. Can you explain this answer?, a detailed solution for Directions: Read the following passage and answer the question.For a contract to be valid, the consent of the parties must be genuine. The principle of consensus-ad-idem is followed, which means that the parties entering into the contract must mean the same thing in the same sense.Mere consent is not enough for a contract to be enforceable; the consent given must be free and voluntary. The definition of free consent provided under the Indian Contracts Act is as: Consent that is free from coercion, undue influence, fraud, misrepresentation or mistake. Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.The objective of the principle of free consent is to ensure that judgement of the parties while entering into the contract wasnt clouded. Therefore, consent given under coercion, undue influence, fraud, misrepresentation or mistake has the potential to invalidate the contract.For example, such a factor which could invalidate a contract is the presence of coercion. According to the Indian Contracts Act, 1872, coercion is defined as commission, or threat to commit, any act forbidden by the Indian Penal Code 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.Coercion could be directed against the prejudice of any person and not just the party to the contract. It is also not necessary that only the party to the contract causes the coercion. Even a third party to the contract can cause coercion to obtain the consent.The burden of proof in cases of coercion lies on the party whose consent was coerced. When consent of a party was obtained through coercion, the contract becomes voidable at the option of the party whose consent was so obtained.[Extracted with edits and revisions from Contract Law, blog by Ipleaders]Q. John and Manoj were engaged in the computer equipment trading business. John consistently used physical threats against Manoj to ensure that he remained the exclusive business partner. The court issued a judgment that nullified the contract solely based on Manojs complaint. Was the courts decision warranted?a)No, as the court made its decision solely based on Manojs complaint without any supporting evidence.b)Yes, because the mere use of coercion automatically renders the contract invalid, justifying the courts decision without additional proof.c)No, because the fact that Manoj continued doing business with John despite the threats indicates his willingness to maintain the business relationship, thus undermining the courts justification.d)Yes, because the burden of proof lies with John to demonstrate that he did not employ coercion, and he failed to do so.Correct answer is option 'A'. Can you explain this answer? has been provided alongside types of Directions: Read the following passage and answer the question.For a contract to be valid, the consent of the parties must be genuine. The principle of consensus-ad-idem is followed, which means that the parties entering into the contract must mean the same thing in the same sense.Mere consent is not enough for a contract to be enforceable; the consent given must be free and voluntary. The definition of free consent provided under the Indian Contracts Act is as: Consent that is free from coercion, undue influence, fraud, misrepresentation or mistake. Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.The objective of the principle of free consent is to ensure that judgement of the parties while entering into the contract wasnt clouded. Therefore, consent given under coercion, undue influence, fraud, misrepresentation or mistake has the potential to invalidate the contract.For example, such a factor which could invalidate a contract is the presence of coercion. According to the Indian Contracts Act, 1872, coercion is defined as commission, or threat to commit, any act forbidden by the Indian Penal Code 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.Coercion could be directed against the prejudice of any person and not just the party to the contract. It is also not necessary that only the party to the contract causes the coercion. Even a third party to the contract can cause coercion to obtain the consent.The burden of proof in cases of coercion lies on the party whose consent was coerced. When consent of a party was obtained through coercion, the contract becomes voidable at the option of the party whose consent was so obtained.[Extracted with edits and revisions from Contract Law, blog by Ipleaders]Q. John and Manoj were engaged in the computer equipment trading business. John consistently used physical threats against Manoj to ensure that he remained the exclusive business partner. The court issued a judgment that nullified the contract solely based on Manojs complaint. Was the courts decision warranted?a)No, as the court made its decision solely based on Manojs complaint without any supporting evidence.b)Yes, because the mere use of coercion automatically renders the contract invalid, justifying the courts decision without additional proof.c)No, because the fact that Manoj continued doing business with John despite the threats indicates his willingness to maintain the business relationship, thus undermining the courts justification.d)Yes, because the burden of proof lies with John to demonstrate that he did not employ coercion, and he failed to do so.Correct answer is option 'A'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the following passage and answer the question.For a contract to be valid, the consent of the parties must be genuine. The principle of consensus-ad-idem is followed, which means that the parties entering into the contract must mean the same thing in the same sense.Mere consent is not enough for a contract to be enforceable; the consent given must be free and voluntary. The definition of free consent provided under the Indian Contracts Act is as: Consent that is free from coercion, undue influence, fraud, misrepresentation or mistake. Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.The objective of the principle of free consent is to ensure that judgement of the parties while entering into the contract wasnt clouded. Therefore, consent given under coercion, undue influence, fraud, misrepresentation or mistake has the potential to invalidate the contract.For example, such a factor which could invalidate a contract is the presence of coercion. According to the Indian Contracts Act, 1872, coercion is defined as commission, or threat to commit, any act forbidden by the Indian Penal Code 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.Coercion could be directed against the prejudice of any person and not just the party to the contract. It is also not necessary that only the party to the contract causes the coercion. Even a third party to the contract can cause coercion to obtain the consent.The burden of proof in cases of coercion lies on the party whose consent was coerced. When consent of a party was obtained through coercion, the contract becomes voidable at the option of the party whose consent was so obtained.[Extracted with edits and revisions from Contract Law, blog by Ipleaders]Q. John and Manoj were engaged in the computer equipment trading business. John consistently used physical threats against Manoj to ensure that he remained the exclusive business partner. The court issued a judgment that nullified the contract solely based on Manojs complaint. Was the courts decision warranted?a)No, as the court made its decision solely based on Manojs complaint without any supporting evidence.b)Yes, because the mere use of coercion automatically renders the contract invalid, justifying the courts decision without additional proof.c)No, because the fact that Manoj continued doing business with John despite the threats indicates his willingness to maintain the business relationship, thus undermining the courts justification.d)Yes, because the burden of proof lies with John to demonstrate that he did not employ coercion, and he failed to do so.Correct answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
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