Difference Between Coercion And Undue Influence – Hello friends, You are again welcomed, before discussing difference, we will understand the meaning of both Coercion And Undue Influence.
Coercion – It means using force to compel a person to enter into a contract. So force or threats are used to obtain the consent of the party under coercion, i.e it is not free consent.
Undue Influence – Section 16 of the Act contains the definition of undue influence. It states that when the relations between the two parties are such that one party is in a position to dominate the other party, and uses such influence to obtain an unfair advantage of the other party it will be undue influence.
Difference Between Coercion And Undue Influence
| Sr. No. | Basis | Coercion | Undue Influence |
| 1 | Meaning | Consent is obtained by use of force or a threat to use force. It includes detaining or threatening to detain somebody’s property illegally. | Consent is obtained by one party misusing his dominating position or by moral influence. |
| 2 | Type | It is mainly of physical character and implies the use or threat to use force. | It is of moral character and implies the use of moral force or mental pressure. |
| 3 | Relation Of Parties | There needs to be no definite relation between the parties. | There needs to be a definite fiduciary, legal or authoritarian relation between the parties. |
| 4 | Usuage | Coercion is used by the promisee against the promisor or somebody near and dear to the promisor. | Can only be used by the promisee against the promisor and nobody else. |
| 5 | Effect | The contract is voidable at the option of the aggrieved party. | The contract can be set aside completely or be void on the terms set by the court. |
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