Free consent

Q. What is consent and free consent. When consent said to be free.

1. Introduction:
Consent is essential of a contract. A contract cannot be made without consent. When consent to an agreement is
caused by coertion, undue influence, fraud or misrepresentation the agreement is oidable at the option of that
party whose consent was caused so.
!. "efinition of consent:
According to sec 1# of contract act.
$wo or more persons are said to consent when they agree upon the same thing in same sense.
#. %ssentials of consent:
&i' $wo or more persons.
&ii' Agree upon the same things.
&iii' Agree upon the same sense.
(. Age of consent:
Consent can be gien only by adult. A consent which is gien by minor in a contract is oid.
). Forms of consent:
Following are forms of consent:
&i' Intelligent consent
&ii' Implied consent
&iii' Written consent
*. Consent of unsound person:
A consent which is gien by unsound person has no legal alue. If a contract is made upon such contract it
shall be oid.
+. Free consent:
Contract act sec 1(
Consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation or
mista,e.
-. .easons which ma,e consent unfree or when consent is not free:
Case law
/. 0. " 1112 3. C. #-+
It was held that a contract is made by obtaining consent by coercion of a party, if does not remain a free
consent, and thus the contract becomes oidable.
Following are the reasons which ma,e consent unfree.
&I' Coertion:
If the consent is obtained under coertion it will be not free consent.
&II' 4ndue influence:
4ndue influence is a mental or moral threat. In undue influences the contract is oidable.
&III' Fraud:
If contract is made by way of fraud. In case of fraud the contract is oidable at the option of defrauded
party.
&I5' 6isrepresentation:
6isrepresentation means misstatement about the facts in case of misrepresentation the contract is oidable
at the option of the party whose consent is caused.
&5' 6ista,e:
Where the parties gie their consent under a mista,e, there is not agreement.
1. Conclusion:
$o conclusion it can be said that, free consent is the consent which is obtained by the free will of the parties.
Free consent is historic essential of a alid contract. A contract is oidable if there is no free will. 7ot only
consent but free consent is necessary to complete the alidity of contract. 3o where there is no consent or no
real or certain ob8ect of consent there can be contract at all.