Lawgist19APower to set aside contract induced by undue influence
1[19A. Power to set aside contract induced by undue influence.-- When consent to an agreement is caused by undue influence, the agreement is a contract voidable at the option of the party whose consent was so caused.
Any such contract may be set aside either absolutely or, if the party who was entitled to avoid it has received any benefit thereunder, upon such terms and conditions as to the Court may seem just.
Illustrations
(a) As son has forged Bs name to a promissory note. B under threat of prosecuting As son, obtains a bond from A for the amount of the forged note. If B sues on this bond, the Court may set the bond aside.
(b) A, a money-lender, advances Rs. 100 to B, an agriculturist, and, by undue influence, induces B to execute a bond for Rs. 200 with interest at 6 per cent. per month. The Court may set the bond aside, ordering B to repay the Rs. 100 with such interest as may seem just.]
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1. Ins. by Act 6 of 1899, s. 3.
- 10 What agreements are contracts
- 11 Who are competent to contract
- 12 What is a sound mind for the purposes of contracting
- 13 "Consent" defined
- 14 "Free consent" defined
- 15 "Coercion" defined
- 16 "Undue influence" defined
- 17 "Fraud" defined
- 18 "Misrepresentation" defined
- 19 Voidability of agreements without free consent
- 19A Power to set aside contract induced by undue influence
- 20 Agreement void where both parties are under mistake as to matter of fact
- 21 Effect of mistakes as to law
- 22 Contract caused by mistake of one party as to matter of fact
- 23 What considerations and objects are lawful, and what not
