UPSC Law Optional Mains Simulation ! Exercise
Dear Aspirants - We have posted a previous year UPSC Law Optional question with model answer. Mere reading the answer will help you little, because in Law Optional Mains, UPSC tends to ask similar question line. Thus try to get a simulation exercise before reading the actual answer. This will help you to develop answer framing skill which is a major scoring factor in UPSC Mains.
What To do ?
1. Read The question asked
2. Understand the question
3. Break the question into parts if it is a complex question / Identify the core area of the question
4. Plan your answer line - what you would concentrate on etc.
Do all of the above within 2 minutes - UPSC Mains is all about how you write within stipulated time.
LET'S DO IT !!!!!
QUESTION: 4 |PY UPSC QUESTION | YEAR 2002 | PAPER II| QUESTION 5 a | Marks 20
Law relating to coercion and undue influence has a feature in each which is uncommon to the legal system as a whole. Explain with illustrations
Answer line :
Meaning/ definition of coercion and undue influence – section 15 and 16 respectively.
Law relating to coercion that is uncommon to our legal system – Any act forbidden by IPC is coercion even if it is committed at a place where IPC does not apply. Example + Case – Rationale for such deviance
Law relating to undue influence that is uncommon to our legal system –Unlike regular burden of proof in undue influence the person against whom undue influence claim was raised has burden of proof – Explain – Example/ Case – Rationale for such deviance
Concept of coercion : Coercion is defined under sec: 15 and It is committing, or threatening to commit, any act forbidden by the Indian Penal Code , or the unlawful detaining or threatening to detain, any property to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement.
Concept of undue influence : Section 16 defines undue influence as- A contract is said to be induced by “undue influence” where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other.
Both are factor that vitiate free consent as per section 14 of the ICA. However these both concepts have each feature that is uncommon to our legal system as whole and they are :
Feature in coercion that is uncommon to our legal system : Section : 15 has an explanation which says that
Explanation : It is immaterial whether the Indian Penal Code (XL V of 1860) is or is not in force in the place where coercion is employed.
THUS ! It is not necessary that the Indian Penal Code is in force at the place where Coercion is employed.
EXAMPLE : A on a ship on the high sea threatens to murder B, if he (B) does not write a pro note in his (A’s) favour A’s act amounts to Coercion, although Indian Penal Code does not apply on the high seas.
RATIONALE : The above rule was given because the person coercing shall not take advantage of non-application of IPC. Further even if coercion has taken place in area where IPC does not apply its effect is seen in parties on whom ICA apply thus this explanation was given.
Feature in undue influence that is uncommon to our legal system : As per clause 3 of section 16 The burden of proving that the contract was not induced by undue influence is to be upon the person who was in a position to dominate the will of the other. Once that fact is established, then the unconscionable nature of the bargain and the burden of proof on the issue of undue influence come into operation.
RATIONALE : The reason for the deviance is that the weaker party will not be able to prove undue
influence as already he is being abused and weak.
ILLUSTRATION : Give simple illustration
CONCLUSION : Own points
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