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Consent - Coggle Diagram
Consent
Undue influence
Definition
One of the parties is in position to dominate the will of the other & uses that position to obtain an unfair advantage over the other
A person who is deemed to be in position to dominate the will of the other is when:
1, He holds apparent/ real authority other the other
- He enters contract with a person whose mental capacity is affected by sickness, age and illness
Burden of proof lies with the person who is deemed to be in position to dominate the will of the other to proof that the contract was not induced by undue influence
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Coercion
Coercion is the unlawful detaining or threatening to detain any property, with the intention of causing any person to enter into an agreement
- Contract is voidable at the option of specific parties
- Agreement would be valid & binding until the aggrieved party terminates it
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Mistake
Common Mistake
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- Both parties make similar mistake
- Fundamental to agreement
- When entering into a contract, free consent must be given
- There must be "consensus ad idem", which means "meeting of minds"
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