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Free Consent (Coercion (Duress (threat must be to commit a tort or a crime…

- - - - Not necessary that IPC should be applicable where the consent was obtained
      - CL
        
        Ranganayakamma v. Alwar Setti
        
        validity of adoption of a boy by a widow (forced to)
        
        Held : Not Binding; Coercion
        
        Chikkam Ammiraju v. Chikkam Seshama
        
        Threat to commit Suicide; Coercion?
        
        Husband threatened to commit suicide if the wife and child doesn't sign a release deed in favor of A's brother
        
        Held: Voidable; Coercion
    - - CL
        
        Muthiah Chettiar v. Karupan Chetti
        
        refusal the hand the accounts book by the old agent to the new one until the latter executes a deed in his favor
        
        Held: Coercion
  - - - Workmen of Appin tea Estate v. Industrial Tribunal
        
        demand of workers accepted after threat to strike
        
        Held: Not Coercion
  - - - Andhra Sugars Ltd v. State of A.P.
        
        cane grower offer to sell can't be refused by the factory in that particular area by govt. regulation
        
        No Coercion
  - - - Atlee v. Backhouse
    - - threat to illegal detention
        
        Cunning v. Ince
      - Smith v. Monteith
    - - Seear v. Cohen
      - and caused by a party, or with the party's knowledge
        
        Kesarmal v. Valliapa Chettiar
  - - - money, anything delivered, by mistake or coercion must be paid back or returned
    - - Restaurant/MISA Act threatening case
      - Held: Coercion;
- - - - a relationship of confidence and trust
      - Smith v. Kay
        
        UI applies to every case where influence is acquired and abused
      - solicitor and client, doctor and patient, etc
      - Onus
        
        On the Accused
        
        Section 111, IEA 1872
      - Mannu Singh v. Umadat Pande
        
        Spiritual guru - Property gift deed - Soul to the next word / Reading of Holy Book
        
        Held: Accused in a dominant position, and a case of Fiduciary Relationship therefore the onus is on him; Unable to prove. Held Voidable
        
        Similar Case: Philip Lukka v. Franciscan Assoc.
    - - Illustration b - Section 16
        
        Patient paid unreasonable expenses for his Attending's services