STRUCTURE of FREE CONSENT

- INTRODUCTION
- When CONSENT is not free.
o Coercion (Physical Threat)
o Undue Influence (Moral Threat)
o Fraud (To Deceive)
o Misrepresentation (Misstatement)

- A - COERCION
o Definition
o Assumptions
Committing
Threating to Commit
Any act forbidden under PPC OR
Unlawful Detaining
Threatening to Detain
Any property to the PREJUDICE of any other person
o Effect of Coercion
Contract Become Void
Adjustment of Rights
o BURDEN OF PROOF

- B - UNDUE INFLUENCE
o Definition
o Essentials
o In a POSITION to DOMINATE the will of others.
o Exercise that POSITION to get UNFAIR ADVANTAGE.

o Assumptions
CASES
Real or apparent authority fiduciary relationship
Affected Mental Capacity
Effect of Undue Influence
Recession of Voidable Contract
Adjustment of Rights
BURDEN OF PROFF
Plaintiff
Differences between COERCION & UNDUE INFLUENCE
- C - FRAUD
o Definition
o Essentials
False Statement
Active Concealment
Intentional Non-Performance
Intention to Deceive
Act or omission
o BURDEN OF PROOF
o SILENCE AND FRAUD
General Rules
Mere silence is not fraud
Exceptions
o Duty to speak
o Where silence is equivalent to speech.
Islamic LAW in This Issue
o Mere silence is fraud
o Duty always exists
o Federal Shariah Court

- D - MISREPRESENTATION
o Definition of Misrepresentation
Unwarranted Statement
Breach of Duty
Mistake regarding subject matter
o Essentials
o Effects
o BURDEN OF PROOF