Undue influences in the Indian contract act
In the Indian contract act, there is some common elements where it cannot be terminated as the contract on the certain basis. If we see the section of the contract they have subdivided into different sections. Like coercion, undue influences. etc. In the contract there is one of the most important elements which should be constituted that is free consent. While if the consent by chances it is affected through any means which is mentioned in the above example, then it will not be contract to be constituted. For example, if somebody put your gun on your head and says to sign the contract then due to fear and threat you are signing the contract. Then it cannot be termed as contract. Due to fear, you are doing this act without free consent.
Today I would be talking about from that one essential is known as undue influences means. In the section of the Indian contract act it is been defined. Let first divide into essential so that we can understand better. As per the section of the whosever is dominating the will of the other person who is misusing the power and if the above two essentials are fulfilling then it is void.
Essentials of the Indian contract is as below:
1) One party is dominating the desire of the other.
2) Misusing the actually position or the power.
3) From the above it is following above the essentials we can say it is declared to be void in its nature.
In the undue influences they are apparent relationship and fiduciary relationship. In one of the relationships, it talks about the where there is father and master and servant relationship. For examples father and son are in the contract. Where the father is dominating his son upon his child for accomplishing something of his father it is said as apparent relationship. In the industry faciliatory provide the undue influences over his worker is another example. In the case of mother is domination his son wishes due to her aim that is another example. In fiduciary relationships like for example if the teacher asks the student for not appearing in the exam hall for the revenge if the teacher has to take the revenge, then it is said as undue influence then it is coming under this category. In the above example we can see that there is some sort of the contract where it is not considered as the good contract due to the sole exception of the cases.
Contract can be written or oral. All contract is not the agreement but all contract is agreement. In one of the cases, it was there was dominating by enforcing the power over the son by his father. It is sound easy but this is one of the topics it will be interrelated to different topics.
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