1. Section 13 of the act defines consent as “ two
or more persons are said to consent where
they agree upon the thing in the same sense”.
2. Coercion is the committing or threatening to
commit any act forbidden by the Indian Penal
code or the unlawful detaining or threatening
to detain any property.
3. Undue influence refers to “ the unconscious
use of power over another person, such
power being obtained by virtue of a present
or previously existing dominating control
arising out of relationship between the
parties.
4. Parent and child
Guardian and ward
Trustee and beneficiary
Religious advisor and disciple
Doctor and patient
Solicitor and client
Fiancé and fiancée
5. In coercion, contract is obtained by committing
or threatening to commit an act punishable
under Indian Penal code.
In undue influence the consent is obtained by
dominating the will of other.
6. In the broadest sense, a fraud is a deception
made for personal gain or to damage another
individual.
Fraud is a crime and is also a civil law
violation
7. Making a false suggestion.
The active concealment of a fact by a
person who has knowledge or belief of the
fact.
A promise made without performing it.
The party acting on the representation
should have been deceived and suffered
damage.
Active concealment of the facts amounts to
fraud.
8. Silence is fraud under two circumstances:
There is no general duty cast upon a party
to a contract to disclose to the other party
material facts within his knowledge but are
unknown to the other party.this principle is
known as „caveat emptor‟(let the buyer
beware).
9. When a person is under no duty to speak, he
may become guilty of the fraud by non-
disclosure, if he voluntarily discloses
something and then stops half the way.
10. It means a false statement of fact made by
one party to another party, which has the
effect of inducing that party into the contract.
For example, under certain
circumstances, false statements or promises
made by a seller of goods regarding the
quality or nature of the product that the seller
has may constitute misrepresentation.
11. Positive assertion of the fact
Breach of duty
Causing mistake about the subject matter
12. Mistake refers to mis-understanding or wrong
thinking or wrong belief.
Mistake may be mistake of fact( unilateral or
bilateral)
Mistake of law
