Free consent
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The document discusses the concept of consent in contract law, emphasizing that consent requires a meeting of the minds (consensus ad idem) between the parties. It defines free consent and outlines conditions that negate it, such as coercion, undue influence, fraud, misrepresentation, and mistakes. Free consent is essential for forming valid contracts, as any lack of it results in the absence of enforceable agreements.
Free consent
- 2. MEANING OF CONSENT Section 13 of I.C.A . Define that’s consent as two or more person are said to consent when they are agree upon the same thing in the same sense Consent involves identity of mind terms “Consensus ad idem” if they do not agree in the same sense, there cannot be consent . When there is no consent , there is no contract
- 3. Consent E g : Saroj an illiterate women execute a deed of gift under the impression that she is executing a deed authorizing her nephew to manage her agricultural land. The deed is not read or explained to her. Here , there is no consent , there fore no contract
- 4. Meaning of free consent Free consent is real consent which is required to make a valid contract. The parties to a contract should have identity of mind or consensus ad idem According to section 14 of the contract act consent is said to be free when it is not caused by 1) coercion as defined in sec 15 2)undue influence as defined in sec 16
- 5. Meaning of free consent 3) fraud as define as in sec 17 4) misrepresentation as define sec 18 5) mistaken, subject to provision of section 20,21,22
- 6. coercion When consent is obtained by “coercion”, the consent is not free. When a person is compelled to enter into a contract by use of force by the other party or under threat coercion said to be employed sec 15 of act define “ coercion is the committing or threatening o commit any act forbidden by Indian penal code
- 7. committing the offence or threatening to commit is enough for establishing coercion
- 8. 2 : Unlawful detaining or threatening to detain any property Detaining the property or threatening to detain any property is also coercion , If any property is detained by any person by use of force or otherwise , Other party may be force to give consent to the agreement. In this case the law never treat the consent as free
- 9. 3 : Intention of causing any person to enter into an agreement • To prove coercion , it is not sufficient that the committing of or the threatening to commit a forbidden act is existent •but it is also to be established that the committing Or the threat of such forbidden act was effectively used with the intention Compelling any person to enter into an agreement
- 10. 4 : Coercion can be applied either by a party to the contract or even by a stranger 5 : The place of coercion is immaterial
- 11. Free consent is one of the most important essential elements of a valid contract. The term free consent refers to meeting of free and fresh minds of two parties of an agreement when two parties take and understand, purpose, subject matter and terms and conditions of the agreement in the same sense it is free consent. Both of them must take things in the same way. They must not understand it in different way. An agreement which is made freely it becomes a valid contract due to presence of free consent of both the parties. In any of the free consent of both there will no free consent in the agreement. a. Coercion: - threading. b. Undue influence: - pressure and misuse of power for unfair advantage. c. Fraud, deceiving on cheating the other. d. Misrepresentation: - false statement without an intention to deceive the other. e. Mistake error