{"id":9282,"date":"2020-01-24T11:43:44","date_gmt":"2020-01-24T06:13:44","guid":{"rendered":"https:\/\/businessjargons.com\/?p=9282"},"modified":"2020-01-24T17:28:27","modified_gmt":"2020-01-24T11:58:27","slug":"coercion","status":"publish","type":"post","link":"https:\/\/businessjargons.com\/coercion.html","title":{"rendered":"Coercion"},"content":{"rendered":"
Definition<\/strong>: Coercion is the primary element that vitiates free consent of the party. It refers to the method of inducing another party to act in a certain manner, which is against their will.<\/p>\n In coercion, one party commits or threatens to commit an act which is not permissible under the Criminal Code. It also covers the detaining or threatening to detain the property, against the law, as well as against the will of the person, so as to compel the party to form an agreement<\/a>.<\/p>\n Section 15<\/strong> of the Indian Contract Act, 1872<\/strong> deals with Coercion.<\/p>\n It must be noted that in coercion, it is not necessary that coercion must be practised by a party to the contract<\/a>. Further, it is not required that the subject of the coercion has to be the contracting party, i.e. it may be aimed at against third person, even a stranger, goods, documents or property.<\/p>\n Moreover, it covers the performance of any act which is prohibited under the Criminal Code, i.e. Indian Penal Code in case of India, even if the act has happened in an area where the Code is not in force.<\/p>\n It includes a number of menacing activities that violate the free consent of a person, to generate a specific response. These can be blackmail, threat, duress, torture, extortion, unlawful detaining, etc.<\/p>\n The examples given below explains the agreements induced by coercion:<\/p>\n In all the above cases, the aggrieved party can avoid the agreement entered into, due to the absence of free consent, as well as they can enforce the contract if they find it beneficial. This is because the agreement is induced by coercion which is considered as voidable contract<\/a> and not a void contract<\/a>.<\/p>\n Therefore, the party under coercion has the right to enforce it, but such an option is not available to the party using coercion.<\/p>\n It is quite obvious that the contract entered into due to the effect of coercion do not have free consent. In this way, the following instances are possible:<\/p>\n It must be noted that mere threat by one party to other to prosecute does not result in coercion. The aggrieved party must have entered into a contract out of that threat, which can be avoided on account of coercion.<\/p>\n","protected":false},"excerpt":{"rendered":" Definition: Coercion is the primary element that vitiates free consent of the party. It refers to the method of inducing another party to act in a certain manner, which is against their will. In coercion, one party commits or threatens to commit an act which is not permissible under the Criminal Code. It also covers […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","footnotes":""},"categories":[19],"tags":[],"yoast_head":"\nExamples<\/h2>\n
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Effects of Coercion<\/h2>\n
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