The Principles Revolving Coercion under Pakistani Contract Law: A Case Law Contemplation
DOI:
https://doi.org/10.35484/pssr.2024(8-III)08Keywords:
Agreement, Coercion, Consent, Contract, Elements, Vitiating ElementsAbstract
Coercion is any physical or mental act that involves pressuring the other party to perform an act he would rather not wish to do, thus infringing upon his free will and consent to perform said act. These actions can include restraining, detaining, manipulation, threatening etc. The objectives of this research are to deliberate and understand the meaning, scope and extent of coercion. This research aims to deliberate upon this doctrine as evinced within the law and enunciated by the Superior Courts. This research has adopted the doctrinal methodology in order to reach its conclusion. The results show that the Superior Courts have settled the principles involving coercion by relying on British and Indian judgments. It is recommended that the scope and extent of coercion can be widened even more by relying on other foreign judgments such as that of Bangladesh, the USA amongst others etc.
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