No
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Coercion
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Duress
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1)
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Meaning –
Coercion is a process by which consent is
obtained by threatening to commit an act punishable under the Indian Penal
Code 1860. It means making a person to give his consent by force or
threat. Section 15 of the Indian Contract Act 1872 defines
coercion as "the committing or threatening to commit any act Forbidden
by Indian penal code 1872, or the unlawful detaining or threatening to
detain, any property to the prejudice of any person whatever the with the
intention of causing any person to enter into an agreement".
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Meaning –
Duress, under
Common Law, consists in actual violence or threat of violence to a person. It
includes doing an illegal act against a person, whether it is to be crime or
tort. Duress is not confined to unlawful acts Forbidden by any specific penal
law, like the Indian penal code in India
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2)
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In India
coercion can also be there by detaining or threatening to detain any
property.
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In England,
duress is constituted by acts or threats against any person of a man and not
against his property.
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3)
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In India,
Coercion may proceed from a person who is not a party to the contract, and it
may also be directed against a person who again, maybe a stranger to the
contract.
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In England,
duress should proceed from a party to the contract and is also directed
against the party to the contract himself, or his wife, parent, child or
other near relatives.
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See also...
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