Question:medium

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.

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In cases of duress, only the party whose consent was obtained under threat has the option to enforce the agreement.
Updated On: Jul 15, 2026
  • B can enforce the agreement.
  • B cannot enforce the agreement.
  • A can enforce the agreement.
  • Neither A nor B can enforce the agreement.
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The Correct Option is A

Approach Solution - 1

Start by identifying which party's consent was actually vitiated, since the principle hinges the enforcement option on that identity.

  1. B can enforce the agreement: B is the one whose consent was coerced through the threat to his girlfriend, so under the principle, the choice to enforce belongs to B.
  2. B cannot enforce the agreement: Incorrect, this denies B the very option the principle sets aside for the coerced party.
  3. A can enforce the agreement: A is the wrongdoer who applied the coercion, not the party whose consent was compromised, so A gets no such option.
  4. Neither can enforce it: Wrong, the agreement is voidable at B's option, not unenforceable by everyone.

The correct answer is B can enforce the agreement.

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Approach Solution -2

Assuming each option true in turn and checking for contradiction.

  1. B can enforce the agreement: Assume true, then B must be the party whose consent was not free. The facts show A obtained B's consent by threatening B's girlfriend, so it is indeed B's free will that was overridden, matching the assumption without contradiction.
  2. B cannot enforce the agreement: Assume true, then the principle's protection would have to run to someone other than the coerced party. Since B is the one whose consent was compromised, denying him the enforcement option contradicts the very rule that grants that option to the coerced party.
  3. A can enforce the agreement: Assume true, then A, the person who made the threat, would have to be treated as the party whose consent was not free. That is a direct reversal of the facts, A coerced, B was coerced, so the assumption cannot stand.
  4. Neither A nor B can enforce the agreement: Assume true, then the agreement would have to be void for all purposes. But the principle only makes such agreements conditionally enforceable at the coerced party's choice, it does not void them outright, so this assumption goes further than the rule allows.

Only the assumption that B, the coerced party, holds the enforcement option is consistent with both the facts and the principle.

Therefore, the correct answer is B can enforce the agreement.

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