1. What Is The Difference Between Coercion And Undue Influence?

Coercion:The Consent is given under the threat of an offense

(i.e.,committing or threatening to commit an act forbidden by the
Indian penal Code or detaining or threatening to detain property
unlawfully).
Undue influence:The Consent is given by a person who is so
situated in relation to another that the other person is in a position
to dominate his will.In other words, consent is given ,under moral
influence.
Coercion:Coercion is mainly of a physical character.It involves
mostly use of physical or violent force
Undue influence:Undue influence is of moral character.It involves
use of moral force or mental pressure.
2. What Is The Difference Between Coercion And Undue Influence?

Coercion generally means to impose one's will on another by means

of force or threats. Coercion may be accomplished through physical or
psychological means.
Undue influence is a term often used in will contests to refer to
outside pressures which negate the free will of the testator (will
maker), so that the maker of the will lacks the necessary mental
capacity for a valid will.

Coercion (pronounced /co-er-shon/ or /koʊˈɜrʃən/) is the practice of

forcing another party to behave in an involuntary manner (whether
through action or inaction) by use of threats, intimidation, trickery, or
some other form of pressure or force. Such actions are used as
leverage, to force the victim to act in the desired way. Coercion may
involve the actual infliction of physical pain/injury or psychological
harm in order to enhance the credibility of a threat. The threat of
further harm may lead to the cooperation or obedience of the person
being coerced. Torture is one of the most extreme examples of
coercion i.e. severe pain is inflicted on victims in order to extract the
desired information from the tortured party

Undue influence (as a term in jurisprudence) is an equitable doctrine

that involves one person taking advantage of a position of power over
another person. It is where free will to bargain is not possible.
If undue influence is proved in a contract, in U.S. law, the contract is
voidable by the innocent party, and the remedy is rescission. There
are two categories to consider:
• Presumed undue influence
• Actual undue influence

3. What Is The Difference Between Coercion And Undue Influence?

both are requerd for a free consent and the basic diference is one is gun
point power and another is power of legitimecy.......
Posted 3 weeks ago
Coercion is the act of compelling by force of authority .Use of physical or
moral force to compel a person to do something, or to abstain from doing
something, thereby depriving that person of the exercise of free will .

If
a person is subject to pressure such as to cause them to do something which
they would not otherwise have done, then they are said to have been subject to
undue influence. It occurs most regularly in connection with wills and
contracts, and can amount to good cause for them being set aside.

Coercion
is mainly of a physical
character.It involves mostly use of physical or
violent force

Undue influence is of moral character.It involves use of

moral force or mental pressure.

coersion-1)consent obtained by committing or threatening to commit an act

forbidden by law.2)Physical character 3)directed against a person or his
property 4)No relationship need to exist b/w parties 5)may be committed
outside India
Undue Influence-1)Consent obtained from denomination of the
will of the other 2)Use of moral Force/ Pressure to obtain consent 3)threat
against person himself and not against his property 4)some sort of
relationship b/w the parties to contract 5)should have been committed in India
if it is to be taken into notice of Indian Law

4. undue influence n. the amount of pressure which one uses to force someone to execute a
will leaving assets in a particular way, to make a direct gift while alive, or to sign a contract. The
key element is that the influence was so great that the testator (will writer), donor (gift giver), or
party to the contract had lost the ability to exercise his/her judgment and could not refuse to give
in to the pressure. Evidence of such dominance of another's mind may result in invalidation of the
will, gift, or contract by a court if the will, gift, or contract is challenged. Participation in preparation
of the will, excluding other relatives, being present when the testator and the attorney meet are all
evidence of undue pressure, and an imbalance or change in language which greatly favors the
person exercising the influence are factors in finding undue influence. Example: Pete Pounder
constantly visits his aunt Agnes while she is ill and always urges her to leave her mansion to him
instead of to her son. Pounder threatens to stop visiting the old lady, who is very lonely, tells her
she is ungrateful for his attention, finally brings over an attorney who does not know Agnes, and
is present while she tells the attorney to write a new will in favor of Pounder.