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Question
The question consists of two statements, one labelled as a principle and other as Fact. You are to exa.mine the principle and apply it to the given facts carefully and select the best option.
PRINCIPAL: ignorantia juris nonexcusat and ingnorantia facit excusat
FACT: George was a passenger from Zurich to Manila in a Swiss Plane. When the plane landed at the airport at Etombay on 28th Nov. 1962 it was found on search that George carried 34 kgs of gold bars in person and that he had not declared it in the 'Manifest for transfer. On 28th Nov. 1962 Govemment of India issued a notification and modified its earlier exemption and now it is necessary that the gold must be declared in the "Manifest" of the aircraft.
Options
George cannot be prosecuted because he had actually no knowledge about the new notification issued only two days ago.
George cannot be prosecuted because it is mistake of fact which is excusable
George's will be prosecuted because mistake of law is not excusable.
George liability would depend on the discretion of the court.
Solution
George's will be prosecuted because mistake of law is not excusable.
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In this Question, problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question.
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A. The act of using threats to force another person to enter into a contract is called coercion.
B. The act of using influence on another and taking undue advantage of that person is called undue influence.
C. In order to prove coercion, the existence of the use of threat, in any form and manner, is necessary. If coercion is proved, the person who has been so threatened can refuse to abide by the contract.
D. In order to prove undue-influence, there has to be a pre-existing relationship between the parties to a contract. The relationship has to be of such a nature that one is in a position to influence the other. If it is proven that there has been undue influence, the party who has been so influenced need not enforce the contract or perform his obligations under the contract.
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