What is the Difference Between Coercion and Undue Influence?

Coercion and undue influence are both manipulation tactics used to force someone to do something against their will, but they differ in their methods and consequences. Here are the key differences between the two:

1. Method: Coercion involves the use of physical force or threats to make someone comply, while undue influence involves psychological or emotional manipulation or persuasion to gain an unfair advantage.
2. Relationship: Coercion typically involves no pre-existing relationship between the parties, whereas undue influence requires an established relationship, such as a fiduciary relationship or a relationship based on trust and confidence.
3. Legal Consequences: Coercion is generally considered a criminal act, while undue influence can be civil, social, or political. In contract law, coercion is defined in Section 15 of the Indian Contract Act, 1872, and is considered a criminal offense, whereas undue influence is defined in Section 16 and is not a criminal offense, making the contract voidable.
4. Burden of Proof: In cases of coercion, the burden of proof lies with the aggrieved party, while in cases of undue influence, the burden of proof lies with the party who is in a dominating position.

Examples:

• Coercion: A threatens to kill B if C does not sell their property to A. Here, A is forcing C to sell the property using physical threats.
• Undue Influence: A teacher tells their student to sell them their car for a very low price, taking advantage of the student's emotional vulnerability or dependence on the teacher.

Both coercion and undue influence can make contracts voidable, as they limit the free consent of one party involved in the contract.

Comparative Table: Coercion vs Undue Influence

Coercion and undue influence are both manipulation tactics used to force someone to act against their will. However, they differ in nature, actions involved, and legal consequences. Here is a table highlighting the differences between coercion and undue influence:

In summary, coercion involves the use of physical force or threats to compel someone to act against their will, while undue influence involves psychological or emotional manipulation, often taking advantage of an existing relationship between the parties involved.