Sociology | Mercantile Law | International Law | International Relations
Coersion is defined by Sec.15 as, “Committing or threatening to commit an act forbidden by the law, or detaining or threatening to detain any property whatever, with the intention of causing any person to enter into an agreement. It is immaterial whether the particular law is or is not in force where the coersion is employed.”
Examples,
- Consent obtained at gun point is caused by coersion.
- A threats to kill B or threats to detain B’s property is committing or threatening to commit an ulawful act. Hence the consent is caused by coersion.
Effect of coersion
A contract induced by coersion is voidable at the option of the party whose consent was caused by coersion.
Sec.72 states, “A person to whom money has been paid or anything delivered by mistake or under coersion, must repay or return it.”
Threat to commit suicide
Committing suicide is unlawful and forbidden by law, and hence threatening to commit suicide is threatening to commit unlawful act. Thus, a threat to commit suicide amounts to coersion.