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Apr
08

Agreement Made Without Free Consent Is

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“A” a country enters into a contract with “B” another country with an agreement to export for 20 years. But after 10 years, we saw that there was a situation of war, which put an end to all internal exports. In this case, “A” is legally required to terminate the contract with “B.” When an agreement is reached between two countries, but we see that there is a war between the countries. Therefore, the treaty between countries will be legally impossible to implement. The Contract Act of 1872 is a law in India that follows the British regime. It is divided into two parts, they are the general principle of the contract from sec 1 to 75 and particular types of contracts from sec 124 to 238. As in this law of the treaty, all agreements are contracts when they have passed through: According to Section 16 of Undue Influence means a person who dominates the will of others by using the position to gain an unfair advantage over the other. There is a certain proportion in which one party is able to dominate the will of another party. Such a relationship, which has real or obvious authority over the other or is in a fiduciary relationship with the other, enters into a contract with a person whose mental capacity is temporarily or permanently affected because of age, illness or physical distress. The burden of proof of the undue influence of the trust contract rests with the dominant party. If the transaction is due to unacceptable effects, the dominant party must demonstrate that there is no disproportionate influence. In the case of the women of Pardanashin, the burden of proof rests with the person who benefits from such a transaction and full disclosure of the transaction to these women.

In other transactions, the weaker part proves influence. This provision cannot affect the provisions of Section 111 of the Indian Evidence Act, 1872. Therefore, the approval of unreasonable influence is unreasonable. Dry Fraud – 17 The term fraud means a representation of the fact deliberately to deceive another person. As in Section 17 of the fraud any act committed by the part of the contract, by agent, with the intention of deceiving another person or his agent or convincing him to enter into a contract.

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