Free & Genuine consent

Hello my reader friends. This is one more blog in the series of Law of Contract. This blog is discussing about "Free & Genuine Consent". Please read this blog till the end and share it with all law students. These are the notes for preparing exams of Law degree. 

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Free Consent:

Consent means that the parties must have agreed upon the same thing in the same sense. For a valid contract it is necessary that the consent of parties to the contract must be free.

Consent is crucial for an agreement and thus for a valid contract. If two people reach a similar agreement in the same sense, they are said to consent to the promise. However, for a valid contract, we must have free consent which means that the two parties must have reached consent without either of them being influenced, coerced, misrepresented or tricked into it. In other words, we say that if the consent of either of the parties is vitiated knowingly or by mistake, the contract between the parties is no longer valid.

Section 13 of Indian Contract Act:

‘Consent’ defined.—Two or more persons are said to consent when they agree upon the same thing in the same sense.

Thus all the parties to the cantract must agree upon the same thing in the same sense and at the same time – i.e. Consensus ad idem.

Conditions when the consent is not free: -

Section 14 of the Indian Contract Act, 1872 states the various conditions which are not free consent for a valid contract.

Section 14. ‘Free consent’ defined.—Consent is said to be free when it is not caused by

(1) Coercion, as defined in section 15, or

(2) Undue influence, as defined in section 16, or

(3) Fraud, as defined in section 17, or

(4) Misrepresentation, as defined in section 18, or

(5) Mistake, subject to the provisions of sections 20, 21 and 22. Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.

Case Law: -

1) Chickam Amiraju v. Chickam Sheshamma – Threat to suicide amounts to coercion Coercion (S.15)– Committing any act forbidden by The Indian Penal Code 1860 or unlawful detaining of property, or threatening to commit these acts.

2) In Derry v. Peek, It was held that representation made with reckless indifference amount to fraud Fraud (S.17).

Example:

1. A compels B to enter into a contract on the point of pistol. It is not a valid contract as the consent of B is not free.

Here we are discussing about one of the essentials of a valid contract, listed as follows. All essential features of a valid contract are as follows.

1) Two parties

2) offer and acceptance.

3) Intention to create legal relations

4) Lawful consideration

5) Capacity of parties

6) Free & Genuine consent

7) Lawful objects

8) Writing & registration - legal formalities

9) Certainty

10) Possibility of performance

11) Not expressly declared void.

Thanks for reading till the end. The underlined part in this article is the most important part of this subject and you must write atleast this part in the exam. Also relevant case laws will give you more advantage and an example is must in answer. Please share this blog with all the law students.