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

Hint:

Agreements made under duress or coercion are unenforceable by the party who used such pressure.

Answer 1

The Correct Option is B

The principle states that an agreement made under duress or coercion is not valid unless the party whose consent was obtained under pressure chooses to enforce it. In this case, 'A' used coercion to obtain 'B's consent, and as per the principle, 'A' cannot enforce such an agreement.


Option (A) 'B' can enforce the agreement: This is incorrect because the agreement is not valid for 'B' either, as it was made under coercion.

Option (C) Neither 'A' nor 'B' can enforce the agreement: This is incorrect. While 'A' cannot enforce the agreement, 'B' can still have the option to enforce it.

Option (D) 'A' can enforce the agreement: This is incorrect because the agreement was obtained under duress.