Free Consent
According to Section 14, " two or more persons are said to be consented when they agree upon the same thing in the same sense (Consensus-ad-idem).
A consent is said to be free when it is not caused by coercion or undue influence or fraud or misrepresentation or mistake.
Elements Vitiating free Consent
1. Coercion (Section 15): "Coercion" is the committing, or threatening to commit, any act forbidden by the Indian Penal Code under(45,1860), or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement.
2. Undue influence (Section 16): "Where a person who is in a position to dominate the will of another enters into a contract with him and the transaction appears on the face of it, or on the evidence, to be unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in the position to dominate the will of the other."
3. Fraud (Section 17): "Fraud" means and includes any act or concealment of material fact or misrepresentation made knowingly by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto of his agent, or to induce him to enter into the contract.
4. Misrepresentation (Section 18): " causing, however innocently, a party to an agreement to make a mistake as to the substance of the thing which is the subject of the agreement".
5. Mistake of fact (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".
Read more about this topic: Indian Contract Act 1872
Other articles related to "free consent, free, consent":
... authority spread over the islands hinged on the theory of "voluntary submission" or "free consent" from the natives ... There is also the free consent given in 1845 by the different chieftains of Basilan Island in Mindanao, who were contacted by the governor of Zamboanga upon instructions to that effect given him by the then ... This free consent was construed as having been represented by the issuance of "cedulas" to residents of Basilan ...
10, "All agreements are contracts, if they are made by the free consent of the parties, competent to contract, for a lawful consideration with a lawful object, and not. 4.Free Consent To constitute a valid contract there must be free and genuine consent of the parties to the contract ... If the essential element of free consent is missing in a contract, the law confers right on the aggrieved party either to reject the contract or to accept it ...
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