Case Analysis : ' The Gift Deed Signed By Nadu Is Valid Or Not?

1295 Words Sep 9th, 2014 6 Pages
This project has been Submitted by Prakash Kumar ID.NO. – 214089 CONTRACT PROJECT 1

MONSOON SEMESTER 2014

VOIDABLE CONTRACTS
Introduction
In this case plaintiff is boy of 18 years who argue that his uncle took his property by using coercion and undue influence. Both parties give their argument and how these arguments are relevant. Here we conclude difference between coercion and undue influence and how one is applicable and other is not in the judgment.
Facts
Nadu is 18 year age boy whose uncle wants Nadu’s property. For this purpose he threatened Nadu to kill her mother if he do not give his property as gift deed.

Issues
Does consent given by Nadu is valid?
Does the gift deed signed by Nadu is valid or not?
Does the contract comes under the ambit of coercion end undue influence?

Arguments of Plaintiff
In this case defendant threatened the plaintiff to give his property to defendant as a gift deed and plaintiff signed it. But this contract is not valid because any contract through coercion is voidable as per the section 15 of Indian Contract Act 1872 . There is a term of duress in English law. Duress in English law is broader than coercion . All actual or threatening violence to victim 's person has long been recognized to amount to Duress.
The case…
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