These actions may include extortion blackmail torture threats to induce favors

These actions may include extortion blackmail torture

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These actions may include extortion, blackmail, torture, threats to induce favors, or even sexual assault. In law, coercion is codified as a duress crime. Such actions are used as leverage, to force the victim to act in a way contrary to their own interest. Coercion may involve the actual infliction of physical pain or psychological harm in order to enhance the credibility of threat. The threat of further harm may lead to the cooperation or obedience of the person being coerced. 9
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Element of coercion is one party committing or threatening to commit. Next is any criminal act or unlawful detention of someone’s property. The last element of coercion is with intention to make or force the other party to agree to enter into a contract. CHIN NAM BEE DEVELOPMENT SDN BHD V TAI KIM CHOO & 4 ORS (1988) Respondents purchased houses to be constructed by the appellant. Each of the respondents had signed a contract to purchase a house at $29,500. However, the respondents were forced later to pay an additional $4000 under a threat by the appellant to cancel the respondents booking for their houses. Held: The payment was not voluntary but had been made under threat. Thus, there was coercion in the agreement of paying the additional $4000 to the appellant. APPLICATION The specific offer that Adila has been set out in the contract with munir has set the price of her handphone at RM250,00. This is a specific offer because the offer is only addressed to Munir. The condition of this contract is acceptance Must Be Communicated In Some ‘Usual And Reasonable Manner’ In section 7(b) provides, “…the acceptance must be expressed in some usual and reasonable manner, unless the proposal presctibes the manner in which it is to be accepted..” 10
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In this case consideration also one of the element of a contract. It is defined as the return for each other promise made under the contract. Anything, which has a value in the eyes of law, as a return to the promise made by each party to the contract is called a consideration. Consideration becomes the basis of the agreement. Adila entered and agrees to a contract to sell her handphone to Munir for RM250.00 and Munir’s promise to pay the sum of RM250.00 is the consideration for Adila’s promise to sell the house, and Adila’s promise to sell her handphone is the consideration for Munir’s promise to pay the RM250.00. These are lawful consideration. Therefore, there is valid offer or binding contract between Adila and Munir. In this situation we will refer to Phang Swee Kim v Beh I Hock case because when the contract was made Adila have the intention to make a binding contract. CONCLUSION To conclude, the contract that been made by Adila and Munir is voidable because there was coercion been made by Munir. In this case, Adila actually can leave off or terminate the contract. 11
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CITATION Zuramaznum Sainan. (2014). Business LAW416 . UiTM Johor, Malaysia: Universiti Teknologi Mara 12
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