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Which are the following elements that affect the consent of the party?
- a)Undue Influence
- b)Representation
- c)Fraud
- d)Coercion
Correct answer is 'A,C,D'. Can you explain this answer?
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Verified Answer
Which are the following elements that affect the consent of the party?...
Elements that affect the consent of the party:
Therefore, the elements that affect the consent of the party are undue influence, representation (including fraudulent representation and negligent misrepresentation), and coercion. These factors can undermine the voluntary and genuine consent required for a contract to be valid.
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- Undue Influence: Undue influence refers to the exertion of pressure or influence on a person to enter into a contract against their free will. It involves taking advantage of a person's vulnerability, trust, or dependence on another party. It can be categorized into two types:
- Actual undue influence: This occurs when one party actively manipulates or coerces the other party into giving their consent.
- Presumed undue influence: This occurs when there is a relationship of trust and confidence between the parties, and one party benefits unfairly from the contract.
- Representation: Representation refers to the act of making statements or assertions to induce another party to enter into a contract. It involves providing information that may influence the decision of the other party. However, if the representation is false or misleading, it can affect the consent of the party. It can be categorized into two types:
- Fraudulent representation: This occurs when a party intentionally makes false statements with the intention to deceive the other party.
- Negligent misrepresentation: This occurs when a party makes false statements due to their negligence or lack of reasonable care in verifying the accuracy of the information.
- Coercion: Coercion refers to the use of force or threats to compel a person to enter into a contract. It involves depriving the party of their free will and making them give their consent under duress. Coercion can be physical or psychological in nature.
Therefore, the elements that affect the consent of the party are undue influence, representation (including fraudulent representation and negligent misrepresentation), and coercion. These factors can undermine the voluntary and genuine consent required for a contract to be valid.
Most Upvoted Answer
Which are the following elements that affect the consent of the party?...
For the valid contract the consent must be free. But wen the consent is taken by fraud, undue influence or coercion th consent is not free the opposite party is forced to give the consent by physical or mental force and so the consent is affected and the contract becomes voidable at the option of aggrieved party
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Which are the following elements that affect the consent of the party?a)Undue Influenceb)Representationc)Fraudd)CoercionCorrect answer is 'A,C,D'. Can you explain this answer?
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Which are the following elements that affect the consent of the party?a)Undue Influenceb)Representationc)Fraudd)CoercionCorrect answer is 'A,C,D'. Can you explain this answer? for CA Foundation 2024 is part of CA Foundation preparation. The Question and answers have been prepared according to the CA Foundation exam syllabus. Information about Which are the following elements that affect the consent of the party?a)Undue Influenceb)Representationc)Fraudd)CoercionCorrect answer is 'A,C,D'. Can you explain this answer? covers all topics & solutions for CA Foundation 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which are the following elements that affect the consent of the party?a)Undue Influenceb)Representationc)Fraudd)CoercionCorrect answer is 'A,C,D'. Can you explain this answer?.
Which are the following elements that affect the consent of the party?a)Undue Influenceb)Representationc)Fraudd)CoercionCorrect answer is 'A,C,D'. Can you explain this answer? for CA Foundation 2024 is part of CA Foundation preparation. The Question and answers have been prepared according to the CA Foundation exam syllabus. Information about Which are the following elements that affect the consent of the party?a)Undue Influenceb)Representationc)Fraudd)CoercionCorrect answer is 'A,C,D'. Can you explain this answer? covers all topics & solutions for CA Foundation 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which are the following elements that affect the consent of the party?a)Undue Influenceb)Representationc)Fraudd)CoercionCorrect answer is 'A,C,D'. Can you explain this answer?.
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