A contract obtained by coercion — committing or threatening to commit an act forbidden by law — is voidable at the option of the coerced party.
Explanation
Application examples
Scenario
Ramesh, a merchant, agrees to sell his house to Vikram at a price 40% below market value. Vikram had threatened Ramesh that unless he sold the house within one week, Vikram would lodge a false accusation against Ramesh's son for theft, knowing the accusation was false. Ramesh, terrified for his son, agreed and executed the sale deed. Two months later, Ramesh seeks to rescind the contract.
Analysis
The threat here is to commit an act forbidden by law — filing a false criminal accusation (which constitutes filing false information to a public servant). This is an unlawful act. The threat is directed at a person in whom Ramesh is interested (his son). The threat was the inducement that caused Ramesh to agree — he would not have sold at this price absent the threat. All three elements of coercion are satisfied. Ramesh bears the burden of proving these facts, but his evidence appears clear.
Outcome
The contract is voidable at Ramesh's option. He may seek rescission and recover the property, or recover damages equivalent to the difference between the price paid and market value. Vikram cannot enforce the contract and is barred from specific performance or damages because the contract was procured by his own coercion.
Scenario
Priya enters into a partnership agreement with Deepak after Deepak threatens to publish intimate photographs of Priya online unless she agrees. The photographs are real and exist. Priya executes the partnership deed under this threat. She later seeks to avoid the contract.
Analysis
Although Deepak's threat would cause severe emotional harm and violates Priya's privacy and dignity, the threatened act — publishing photographs that exist and are truthful — is not forbidden by law in this narrower context (assuming no specific law criminalises this particular publication). Threats to publish true information, however hurtful, typically do not constitute coercion because publication of truth is not unlawful. However, if the jurisdiction has enacted privacy laws or laws against cyber-harassment that criminalise such conduct, the analysis changes. The question tests whether students confuse moral wrongdoing with legal prohibition.
Outcome
If the threatened act is not unlawful under applicable law, coercion does not exist, and the contract is not voidable on this ground. However, Priya might have remedies under undue influence if a relationship of trust existed, or under laws protecting against cyber-harassment or extortion if the threat itself is criminalised. The contract stands unless another vitiating factor applies.
Scenario
Akshay, who operates a small shop, agrees to sell his shop to a developer at a severely depressed price after the developer threatens to use its political connections to ensure that Akshay's shop licence is not renewed. The threat is made credibly, and the developer does have such influence. Akshay later disputes the sale.
Analysis
The threatened act is the non-renewal of a licence — which is a lawful administrative decision, not an act forbidden by law. The developer is threatening to exercise lawful political influence and administrative discretion, not to commit an unlawful act. Even though the threat is potent and unfair, it does not constitute coercion because the underlying act (non-renewal of a licence through lawful channels) is not forbidden by law. This scenario is often presented to test whether students conflate coercion with commercial duress or unfair pressure.
Outcome
The contract is not voidable on grounds of coercion because the threatened act is lawful, even though it is harmful to Akshay. Akshay's remedy, if any, might lie in challenging the non-renewal of the licence if it violates his constitutional rights or administrative law principles, but the sale contract itself cannot be avoided merely because it was procured under economic or political pressure.
How CLAT tests this
- Examiners present threats that are harsh, unfair, or commercially damaging but are not forbidden by law — such as threatening to sue, to terminate a contract, or to publicise a business failure — and ask whether coercion exists. Students must recognise that only threats of unlawful acts constitute coercion.
- A fact pattern involves undue influence (a relationship of trust) combined with a threat, and the question asks whether the contract is void or voidable, or whether rescission is available. Students must remember that coercion makes a contract voidable (not void) and must not confuse it with undue influence, which is a separate ground.
- The coerced party sues the other party for damages for breach of contract or specific performance, and the other party pleads coercion as a defence. Students must recognise that the coerced party's remedy is rescission and restitution, not damages, and that delay or affirmation may bar the remedy.
- A threat is made, but evidence suggests the coerced party would have agreed anyway due to financial desperation or commercial pressure unrelated to the threat. The question asks whether coercion exists. Students must apply the causation requirement: the threat must be the operative inducement, not merely one factor among many.
- The question conflates coercion with duress in criminal law, or imports criminal law principles about threats into contract law without recognising the different policy aims. Students must keep coercion (a contract doctrine) separate from duress (a criminal defence) and avoid treating criminal standards of proof or intent as applicable to civil contract disputes.