Does Threat to Commit Suicide Amount to Coercion?
By
A. Raghunandha Reddy
Introduction
All contracts are agreements but not vice versa. However, an agreement becomes contract if it satisfies all the essentials of a valid contract. Out of all the essentials of a valid contract, the most important is that not only should the parties to a contract have identity of minds (consensus ad idem) but the consent of the parties must also be real and free. In other words, there should not be flaw in the consent. Thus S. 14 of the Indian Contract Act, 1872 makes it clear that if any of the invalidating elements like coercion, undue influence, fraud, misrepresentation or mistake exists there is a flaw in the consent and therefore, the contract would be voidable or void as the case may be.
When one of the parties to a contract has secured the consent of the other party by employing coercion, the contract is voidable at the option of the party coerced. Duress or menace in English law corresponds to coercion in Indian Law. As per ....