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CHAPTER II OF CONTRACTS, VOIDABLE CONTRACTS AND VOID AGREEMENTS

Section 19A: Power to set aside contract induced by undue influence

The Indian Contract Act, 1872

1[When consent to an agreement is caused by undue influence, the agreement is a contract voidable at the option of the party whose consent was so caused.

Any such contract may be set aside either absolutely or, if the party who was entitled to avoid it has received any benefit thereunder, upon such terms and conditions as to the Court may seem just.

Illustrations

(a) A’s son has forged B’s name to a promissory note. B under threat of prosecuting A’s son, obtains a bond from A for the amount of the forged note. If B sues on this bond, the Court may set the bond aside.

(b) A, a money-lender, advances Rs. 100 to B, an agriculturist, and, by undue influence, induces B to execute a bond for Rs. 200 with interest at 6 per cent. per month. The Court may set the bond aside, ordering B to repay the Rs. 100 with such interest as may seem just.]

Footnotes in the official text

  1. 1.Ins. by Act 6 of 1899, s. 3.

Questions on this section

3 questions in 10 of our papers cite Section 19A. Try these from the free papers:

  1. 1. Match List I with List II under the Sale of Goods Act, 1930: List I A. Sale by one of several joint owners who has sole possession with the permission of the co-owners B. Sale by a person in possession under a voidable contract not rescinded at the time of sale C. Disposition by a seller who continues in possession of the goods after a sale D. Re-sale by an unpaid seller who has exercised his right of lien List II 1. Section 54 2. Section 30(1) 3. Section 28 4. Section 29

Practise questions on Contract Law