Question

Principle: An agreement without free consent can be enforced only at the option of the party whose consent was not free.
Facts: A obtains the consent of B to enter into an agreement by putting a gun on the head of B’s girl friend.

• A. B can enforce the agreement.
• B. B cannot enforce the agreement.
• C. A can enforce the agreement.
• D. Neither A nor B can enforce the agreement.

Hint:

In cases of duress, only the party whose consent was obtained under threat has the option to enforce the agreement.

Answer 1

The Correct Option is A

According to the principle, an agreement without free consent is not enforceable unless the party whose consent was coerced decides to enforce it. In this case, A obtained B’s consent by putting a gun to the head of B’s girlfriend, which means that B’s consent was obtained under duress and was not free. However, since B’s consent was coerced, it is up to B to decide if the agreement should be enforced.
Option (A) is correct because it is B’s decision whether to enforce the agreement, even though it was obtained by force. Option (B) is incorrect because B has the option to enforce it. Option (C) is incorrect because A has no right to enforce a contract obtained through duress. Option (D) is incorrect because B can still enforce the agreement if desired.