Question

Principle: Two or more persons are said to consent if they agree upon the same thing in the same sense. Consent is said to be free when it is not caused by coercion, or undue influence, or fraud, or misrepresentation, or mistake.
When consent to an agreement is caused by coercion, undue influence, fraud, or misrepresentation, the agreement is a contract voidable (rescindable or terminable) at the option of the party whose consent was so caused. However, when consent to an agreement is caused by mistake as to a matter of fact essential to the agreement, the agreement is void.

Facts: 'X' threatens to gun down 'Y' if he ('Y') does not sell his property worth ₹2000000 for ₹ 100000 only. As a consequence, 'Y' agrees to sell it as demanded by 'X'.
Which of the following derivations is correct?

Options

• There is a contract between 'X' and 'T'

• There is an agreement between 'X' and 'Y' which can be enforced by the court of law

• There is an agreement between 'X' and 'Y' which cannot be enforced by the court of law

• There is a contract between 'X' and 'Y' which voidable at the option of 'Y'.

Answer 1

There is a contract between 'X' and 'Y' which voidable at the option of 'Y'.

Explanation:

Section 13 of the Indian Contract Act states that two or more persons are said to consent when they agree upon the same thing in the same sense (consensusad-idem). Section 14 of the Indian Contract Act states that Consent is said to be free when it is not caused by; coercion, undue influence, fraud, misrepresentation, a mistake. In the given scenario, as X threatens to gun down Y if he (Y) does not sell his property for lower consideration. As a consequence, Y agrees to sell it as demanded by X. So, the contract between X and  Y is a voidable contract at the option of Y.