DIFFERENCE BETWEEN COERCION AND UNDUE INFLUENCE

DIFFERENCE BETWEEN COERCION AND UNDUE INFLUENCE 

1. Obtaining the consent. In Coercion the consent to an agreement is obtained by committing or threatening to commit an offence forbidden by the India Penal Code. Whereas in Undue Influence the consent is obtained by dominating the will of the other.

2.  Type of force used. In coercion physical force is used to obtain the consent, whereas in Undue Influence mental or moral force is used to obtain the consent of the party. 

3.  Party. Coercion may be used by any other person and may also be used against a stranger to the contract, whereas ordinarily undue influence is exercised by a party to the contract, which is in the dominating position.

4. Presumption. The law does not presume coercion under any circumstances and the party must prove it that his consent was taken under coercion, whereas in undue influence the party in the dominating position shall prove that he has not undue influence otherwise court may presume undue influence.

5.  Nature of liability. Coercion attracts the provision of Indian Penal Code which is criminal liability, whereas under undue influence does not attract any criminal activity.