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Kerala PSC » Kerala PSC Study Materials » Social Work » Coercion
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Coercion

Coercion includes a set of actions that are used to pursue a party to do something involuntary by using force. Difference between Coercion and undue influence can be observed in the case of superiority.

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Coercion can be observed by using forceful actions to do something unwillingly. This can be defined as a process of intimidation because actions are taken without the concern or indented by an individual. Persuasion is different from Coercion as coercion involves interactions between both parties that can lead to harm. Therefore, a negative aspect can be observed in this process due to physical threats. Coercion can be classified into three categories such as positive, negative and neutral. Apart from the discussed negative impact of this coercion, some positive impact can also be observed. Thus, to obtain the benefit of this action, proper measures are needed to be taken. 

Pronunciation of Coercion

The meaning of coercion is broad depending on the factors and elements related to this process. Coercion is the power of someone over a party that includes various actions, threats, or bullying activities. This can be defined as the forceful actions of known or unknown parties to gain an advantage over someone. This process can be observed among families, society, or the justice system. For example, this process can be seen often in a marriage where men are coercive towards women. However, this situation can be reversed also as men can be bullied by other people. Most of the time, the voice of these victims is overheard by society as well as the government. This word coercion can be pronounced differently based on the place and country thus, variation in the pronunciation can be observed. The pronunciation of Coercion in western countries such as the UK is observed like KOH-UR-SHUHN. On the other hand, a slight difference in the pronunciation of this word in Eastern countries such as India can be seen, KOH-UH-SHN. It can be seen from this discussion that the pronunciation of ER and CION is different however; a similar pronunciation can be seen for Co, in both regions. 

Difference between coercion and undue influence

It has already been discussed that coercion and undue influence are different from each other. The difference between these two words is related to the superior position and power of the influencer. Coerciveness often includes influencing processes to follow obligation, on the other hand, undue influence is followed as the controlling power over someone. Undue influence is more common at the workplace or in a situation where dominating authority can be observed. Thus, both processes are unlawful however; methods and actions taken by the authorities are different in these sectors. For example, physical torture or threatening activities are used by people in the coercion situation. On the other hand, mental torture or influencing is observed in the undue influence process. Therefore, violent nature is more common in coercion as it can include weapons for the physically threatening sector. Undue influence is followed by conducting prohibited activities because of authority influence and coercion is followed by conducting unlawful actions. Thus, legal perspective is observed in the coercion scenario because forcing people to go against the law falls under legal actions.  Coercion is governed by Section 15 of the Indian Contract Law of 1872 on the other hand; undue influence is governed by Section 16. Therefore, it can be evaluated that focus on both sectors is required to maintain the property for the welfare of society. 

Coercion in the law of contract

A contract between parties follows consent however, coercion in the law of contract is seen in the case forceful or unwillingly entering the contract is observed. Therefore, this contract can be void due to the law of contract against coercion. This coercion is prohibited by the Indian Penal Code due to the forceful actions that can result in severe injury or harm to people. However, problem-related to the implication of this law have been observed in the case of employment. The law of contract is related to this coercion process as breaching of contract can be sued by using this act or law. One of the limitations of this law of contract is the coercion place that does not fall under the jurisdiction. This falls under the Indian Contract Law of 1872 as detailed policies and acts regarding this coercion process have been mentioned here. Section 15 of this act guides this process related to contract breaching. Contract Rescission is observed in the case of contract termination due to the coercion process. Therefore, contract law is established to provide protection giants this coercion of contract. This situation is followed by an unenforceable contract due to the lack of willingness. 

Conclusion 

Coercion has been discussed based on the evaluation of the available information in this study. The meaning and pronunciation of coercion have been elaborated by focusing on the western and eastern countries. The difference between coercion and undue influence has been analysed related to the existing laws and references. Coercion in the law of contract has been evaluated relating to the Contract Law and Penal Code acts. Four questions have been discussed about coercion and its impact on the contract in business. It has been identified contracts can be terminated in the case of coercion. Therefore, actions according to the lawful guidance are required to be taken in this scenario. 

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