search this site - type your query and submit

Daily Email Newsletter (Sign-up Free)

Section 19A, Contract Act 1872: Power To Set Aside Contract Induced By Undue Influence

Section 19A under Chapter II (of contracts, voidable contracts and void agreements) of the Contract Act, 1872 of India - 'Power to set aside contract induced by undue influence', is reproduced hereunder:—

“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 persecuting 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 Rs. 100 with such interest as may seem just.”




Extra Notes for Readers

(1) Section 19A of the Contract Act 1872 was introduced by the Contract (Amendment) Act 1899 (Act 6 of 1899).

No comments:

Post a Comment

In comment with "Name/Url" option, only Name is mandatory to be filled.