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  • For the creation of a contract, there must be consensus ad idem
  • Free consent is an essential element of a valid contract
  • It is immaterial whether the IPC is in force or not in the place where coercion is committed
  • The act of coercion may be directed towards any person
  • The English law uses the term duress for coercion
  • Intentional or willful misrepresentation of a material fact essential to the contract is called as fraud
  • Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud
  • In case of fraud, in addition to the right to rescind the contract, the aggrieved party can also claim damages from the other party
  • The term misrepresentation means a false representation of a fact made innocently or non-disclosure of a material fact without any intention to deceive the other party
  • In case of misrepresentation, the aggrieved party cannot claim damages from the other party
  • Where a party to contract commits fraud/misrepresentation, but the other party is not misled by such fraud /misrepresentation, the contract shall not be voidable
  • Mistake may be defi ned as an incorrect belief about something

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