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Difference between coercion and Undue Influence

Difference between coercion and Undue Influence

Aspect Coercion Undue Influence
Threat The consent is given under the threat of an offence forbidden by IPC The consent is given by a person who is so situated in relation to another that the other person is in position to dominate his will
Source Coercion need not proceed from parties to the contract Undue influence is between parties to the agreement
Result The contract is voidable at the option of one of the parties to the contract The contract is either voidable or the court may enforce it in a  modified Form
Presumption The court cannot draw the presumption of coercion The court may draw the presumption of undue influence in the circumstances so warrant it.
Nature Coercion is mainly of physical Nature Undue Influence is of moral nature , i.e. it is a moral coercion
Relationship Parties not necessarily related to each other Parties are related to each other.

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Alpesh

Very nice

seema patel
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seema patel

Thanks

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