free consent
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This document discusses consent and contracts. It states that when consent is not free due to coercion, undue influence, fraud, or misrepresentation, the contract is usually voidable by the party whose consent was affected. It defines undue influence as using a dominant position over another party to obtain an unfair advantage. A mistake of fact can be either unilateral, where one party is mistaken, or bilateral, where both parties are mistaken about an essential matter, in which case the contract is void.
free consent
- 2. ıllıllı ƒя€€ ȼ ɲ$€ɲţ ıllıllı
- 3. ÃŇ ÃČŤ ỖƑ ÃŜŜẸŇŤĮŇĞ ŤỖ ÃŇ ỖƑƑẸŘ. ÃČČỖŘĎĮŇĞ ŤỖ ŜẸČŤĮỖŇ 13, "ŤŴo ỖŘ ϻ ỖŘẸ ƤẸŘŜỖŇŜ ÃŘẸ ŜÃĮĎ ŤỖ ČỖŇŜẸŇŤ ŴĤẸŇ ŤĤẸЎ ÃĞŘẸẸ ǗƤỖŇ ŤĤẸ ŜÃϻ Ẹ ŤĤĮŇĞ ĮŇ ŤĤẸ ŜÃϻ ŤĤĮŇĞ Ẹ ĮŇ ŜÃϻ ŜẸŇŜẸ." Ẹ
- 4. έғғέςţ όғ άвşέήςέ όғ ғŕέέ ςόήşέήţ° When there is consent but it is not free (i.e. when it is caused by coercion or undue influence or fraud or misrepresentation), the contract is usually voidable at the option of the party whose consent was so caused.
- 5. It means compelling a person to enter into a contract, by use of physical force/activities forbidden by Indian penal code, OR threatens to do activities forbidden by I.P.C, OR threatens to damages the property.
- 6. The term 'undue influence' means dominating the will of the other person to obtain an unfair advantage over the other. According to section 16(1), a contract is said to be induced by undue influence where the relations subsisting between the parties are such that one of them is in a position to dominate the will of the other, and the dominant party uses that position to obtain an unfair advantage over the other.
- 10. Mistake of fact be either Unilateral mistake or Bilateral mistake. The term 'unilateral mistake' means where only one party to the agreement is under a mistake. According to section 22, "A contract is not voidable merely because it was caused by one of the parties to it being under a mistake as to matter of fact."
- 11. The term 'bilateral mistake' means where both the parties to the agreement are under a mistake. According to section 20, "where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void." thus, the following three conditions must be satisfied before declaring a contract void under this section: Both the parties must be under a mistake Mistake must be of fact but not of law.