Difference Between Coercion and Undue Influence
Difference Between Coercion and Undue Influence
1. Definition of Coercion (Section 15)
Coercion means committing or threatening to commit any wrongful act or unlawful detaining of property to force a person to enter into a contract.
Key idea: Use of force or threats to obtain consent.
Example: Threatening to harm someone unless they sign a contract.
2. Definition of Undue Influence (Section 16)
Undue Influence occurs when a person dominates the will of another, exploiting a relationship of trust, power, or authority, to obtain an unfair advantage.
Key idea: Exploitation of a special relationship where one party can influence the other’s decision.
Example: A guardian convincing a ward to sell property at a low price.
3. Detailed Comparison
| Aspect | Coercion | Undue Influence |
|---|---|---|
| Nature of Act | Physical or mental force, threats, or unlawful detention | Exploitation of dominant position or relationship |
| Means Used | Threats of harm, violence, or wrongful acts | Psychological pressure, manipulation, misuse of trust |
| Consent | Consent obtained by fear of injury | Consent obtained by abuse of trust/authority |
| Relationship | No special relationship needed | Special relationship (guardian, doctor, trustee) |
| Effect on Contract | Contract is voidable | Contract is voidable |
| Proof Required | Proof of threats or force | Proof of dominance and exploitation |
| Examples | Threatening to harm unless contract signed | A trustee pressuring beneficiary to transfer property |
4. Case Law
Coercion Case:
Chikkam Ammiraju v. Villuri Thimma (1905)
Threat of arrest and detention was held to be coercion and rendered contract voidable.
Undue Influence Case:
All India Institute of Medical Sciences v. Abhishek Srivastava (2010)
Held that undue influence arises from a special relationship where one party dominates and the other is vulnerable.
Leading Case on Undue Influence:
M.C. Chockalingam v. M.C. Mariammal (1967)
The court explained undue influence as misuse of a position of dominance in a relationship.
5. Summary
| Point | Coercion | Undue Influence |
|---|---|---|
| Definition | Use of threats or force | Abuse of dominant position |
| Relationship | No special relationship required | Special relationship necessary |
| Nature of Consent | Obtained by fear | Obtained by trust exploitation |
| Contract Status | Voidable | Voidable |
| Examples | Threatening harm | Guardian pressuring ward |
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