When the consent of a party is obtained by coercion undue influence, f...
Explanation:
The correct answer is option B: voidable.
Coercion, undue influence, fraud, and misrepresentation are all factors that can impact the consent of a party in a contract. When the consent of a party is obtained through any of these means, the contract is considered voidable, meaning that the party whose consent was impacted has the option to either enforce the contract or to void it.
Here is a breakdown of the different terms and their meanings:
1. Coercion: Coercion refers to the use of force or threats to obtain the consent of a party. If a contract is entered into due to coercion, the party who was coerced has the right to avoid the contract.
2. Undue influence: Undue influence occurs when one party takes advantage of a position of power or authority over the other party to influence their consent. If a contract is entered into due to undue influence, the party who was influenced can choose to void the contract.
3. Fraud: Fraud involves the deliberate misrepresentation of facts or the intentional concealment of information to deceive the other party. If a contract is entered into based on fraud, the party who was deceived can choose to avoid the contract.
4. Misrepresentation: Misrepresentation occurs when one party makes a false statement or omits important information that leads the other party to enter into the contract. If a contract is entered into based on misrepresentation, the party who was misled has the option to void the contract.
In summary, when the consent of a party is obtained through coercion, undue influence, fraud, or misrepresentation, the contract is considered voidable, meaning that the affected party can choose to enforce or void the contract.
When the consent of a party is obtained by coercion undue influence, f...
Introduction:
When the consent of a party to a contract is obtained through coercion, undue influence, fraud, or misrepresentation, the contract is considered voidable. This means that the affected party has the option to either affirm or reject the contract.
Explanation:
1. Coercion:
When one party compels the other party to enter into a contract by using physical force or threat, it is considered coercion. If consent is obtained through coercion, the contract is voidable at the option of the coerced party.
2. Undue Influence:
Undue influence occurs when one party takes advantage of their dominant position or relationship with the other party to influence their decision-making. This can involve manipulation, persuasion, or exploitation. If consent is obtained through undue influence, the contract is voidable at the option of the influenced party.
3. Fraud:
Fraud refers to the deliberate misrepresentation of facts or the suppression of material information with the intention to deceive the other party. If consent is obtained through fraud, the contract is voidable at the option of the defrauded party.
4. Misrepresentation:
Misrepresentation occurs when one party makes a false statement of fact, either innocently or negligently, which induces the other party to enter into the contract. If consent is obtained through misrepresentation, the contract is voidable at the option of the party who was misled.
Voidable Contract:
A voidable contract is one that is initially valid and enforceable, but due to the presence of coercion, undue influence, fraud, or misrepresentation, can be set aside or canceled by the affected party. The affected party has the right to either affirm the contract and proceed with it or to rescind it and seek remedies for the losses suffered.
It is important to note that a voidable contract remains valid until it is avoided by the party whose consent was affected. Once the affected party exercises their right to avoid the contract, it becomes void ab initio (from the beginning) and the parties are restored to their pre-contractual positions.
Conclusion:
When the consent of a party is obtained by coercion, undue influence, fraud, or misrepresentation, the contract is considered voidable. The affected party has the option to either affirm or reject the contract based on their own discretion.
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