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Question
Principle: An agreement without free consent can be enforced only at the option of the party whose consent was not free.
Facts: A obtains the consent of B to enter into an agreement by putting a gun on the head of B‘s girlfriend.
Options
B can enforce the agreement.
B cannot enforce the agreement.
A can enforce the agreement.
Neither A nor B can enforce the agreement.
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Solution 1
B can enforce the agreement.
Explanation:
For the free consent under section 14 of the Indian Contract Act, when it is not caused by
i. Coercion as under Section 15
ii. Undue influences as Section 16
iii. Fraud as defined Section 17
iv. Misrepresentation as defined Section 18
v. Mistake subject to provision of Section 20, 21 & 22
The reasonable conclusion is drawn that as the consent B is not free, B can enforce the agreement.
Solution 2
B can enforce the agreement.
Explanation:
In this case, B can enforce the contract even if the contract was given under the pressure of gunpoint, that is, there was no free will. The enforceability is based on the principle that the agreement can be enforced only at the option of the party whose consent was not free. In other words, B did not have the free will when the contract was entered into, but he has the option to enforce it, that is, B can enforce it.
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DECISION:
