CONSENT
I. DEFINE CONSENT (S-13)
II. DEFINE FREE CONSENT (S-14)
III. COERCION (S-15)
Detention of property
1. Astley v. Reynolds (pledge silver plate £20+£10)
Acts forbidden by the IPC
2. Renganayakamma v. Alwar Setti (forced
adoption-detaining husband’s body)
3. Muthia v. Muthukaruppa (agent refused to
return acc. Books to new agent; release deed)
Threatening to commit suicide
4. Amiraju v. Seshamma (husband threatened wife)
5. Purabi Banerjee v. Basudev Mukerjee
IV. UNDUE INFLUENCE (S-16)
Ability to dominate the will of other
1. Mannu Singh v. Umadat Pande (Moksham)
2. Allcard v. Skinner (sisterhood; 1869,79,85)
Fiduciary relations: Solicitor &client; Doctor & Patient…
Relations which involve domination (Relationship of
blood, marriage or adoption not sine qua non)
3. Subhas Chandra Das Mushib v. Ganga Prasad Das
Mushib (grandpa partial to one of his grandsons)
4. Jean mackenziea v. Royal Bank of Canada (no
presumption b/w Hus & Wife)
5. Palanivelu v. Neelavanthi (2 sis in c/o mama)
6. Rajamani Ammal v. Boora Samy (Bro. obtained
release deed from illiterate sis; joint family prop.)
Unconscionable gifts/bargains
7. Lakshmi Amma v. Narayana Bhatta (entire prop.
to one of his grandsons; nursing home taken c/o by
grandson)
Inequality of bargaining power
8. Lloyds bank v. Bundy (throwing the family out of
its only residence)
Economic duress of forcing renegotiation of terms
No person can insist on a settlement procured by
intimidation
9. D & C. Builders v. Rees (increased charge for
carriers to meet customers)
Unfair or Unreasonable dealings
10. Central Inland Water Transport Corpn v. Brojo
Nath Ganguly (exploiting needy employee;
removed just by 3 months notice)
Contracts with Pardanashin woman
11. Ismail Mussajee v. Hafiz Boo
V. MISREPRESENTATION (S-18)
i. Unwarranted statements
ii. Breach of duty
iii. Inducing mistake about subject matter
Expression of opinion (is not misrepresentation)
1. Bisset v. Wilkinson (sheep farming-2000 sheep)
Representation of state of mind
2. Bannerman v. White (No S2 -hops; beer
production)
Change of circumstances
3. Esso Petroleum Co. Ltd. v. Mardon (estimated
2,00,000 galloons on false assumption)
4. With v. O’Flanagon (sale of Dr. practice-£2000)
Inducement
5. Ship v. Crosskill
Means of discovering truth
6. Redgrave v. Hurd (sale of house & solicitor
practice)
7. Walters v. Morgan (digging expensive minerals)
VI. FRAUD (S-17)
Assertion of facts without belief in truth
1. Derry v. peek (trams by steam power-horse
power; Board of trade)
Active concealment
2. Peek v. Gurney (Comp. avoided documents
containing liabilities)
3. Sanjay Richharia v. Director, Indian Corpn. Ltd.
(hided pending criminal cases)
4. Mithoolal Naik v. Life Insurance Corpn of India
(Ins. Contract; Mahajan Deolal; Rs.25,000)
Representation must induce the other party to act upon
it
5. Smith v. Chadwick (annual output 1 million
sterling; potential & Actual output)
Contracts uberrima fides (Contracts of utmost good
faith)
1. Insurance Contracts (Refer case no.4)
2. Family settlements
3. Contracts for allotment of shares in company
4. Parent & Child
5. Guardian & Ward (loco parentis)
6. Statutory duty to disclose
VII. MISTAKE (S-20,21&22)
i. Agreement void where both parties are under
mistake as to matter of fact (S-20) (Bilateral
mistake)
ii. Effect of mistake as to law (S-21) (ignorantia juris
non excusat)
Mistake of law of our country
Mistake of law of a foreign country
iii. Contracts caused by mistake of one party as to
matter of fact (Unilateral mistake) (S-22)
iv. Types of Mistakes
Mistake as to SUBJECT MATTER
Mistake as to existence of subject matter (res extincta)
1. Gustaucus Couturier v. Robert hastie (del
eredere agent) (cargo damaged on voyage-sold)
2. Griffith v. Brymer (coronation procession of King;
11Am of 24/6/1902; 26/6; 10Am)
Mistake as to Identity
Mistake caused by take over of business
3. Boulton v. Jones (Brocklehurst optical eg)
Mistake of Identity caused by fraud
4. James Cundy v. Thomas Lindsay (Blenkern & Co.;
Blenkiron & Co; handkerchiefs)
Distinction b/w Identity & Attributes (operative mistake
as to identity)
5. King’s Norton Metal Co. Ltd v. Edridge, Merrett &
Co. Ltd (UM) (Hallam & Co. fictious name)
6. Phillips v. Brooks Ltd. (UM)(Sir George Bullough,
diamond ring-£3000)
7. Ingram v. Little (3 ladies-car sale-Hutchinson;
preponderate)
Where Fraud does not lead to mistake of identity*
Levis v. Averay
Where Identity specially important
8. Said v. Butt (specifically not to allow a person
into theatre)
Mistake as to the Quality of the subject matter
9. Smith v. Hughes (old oats for horse)
10. Bell v. Lever Bros Ltd. (similar to Chanda
Kochchar’s case; £8000; compensation £30000)
Mistake as to the Quantity of the subject matter
11. Raffles v. Wichelhaus (125 bales of Surat
cotton-ex peerless-oct & dec)
12. Henkel v. Pape (50 rifles-3 rifles story-telegraph
office mistake)
Mistake as to the Title/Private rights to the subject
matter
13. Cooper v. Phibbs (entitled to fishery. Uncle;
nephew; daughter)
Mistake as to price of subject matter
14. Sole v. Butcher (A&B house lease rent control-
£140-£250)
Mistake as to nature of promise
Documents mistakenly signed or non est factum
15. Foster v. Mackinnon (old man not able to read
signed the doc. of bill of exchange for £3,000)
