“It is an essential consitionfor challenging a contract on the basis of that one of parties should be in aposition to dominate the will of the other “Examine the statement and explain the effect
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Business Laws > Indian Contract Act 1872: Part II > Free Consent
Indian Contract Act 1872: Part II
Free Consent
There have to be two parties to a contract, who willingly and knowingly enter into an agreement. But how does the law determine if the parties are both these things? This is where the concept of free consent comes in. Let us learn more about free consent and the elements vitiating free consent.
Free Consent
In the Indian Contract Act, the definition of Consent is given in Section 13, which states that “it is when two or more persons agree upon the same thing and in the same sense”. So the two people must agree to something in the same sense as well. Let’s say for example A agrees to sell his car to B. A owns three cars and wants to sell the Maruti. B thinks he is buying his Honda. Here A and B have not agreed upon the same thing in the same sense. Hence there is no consent and subsequently no contract.
Now Free Consent has been defined in Section 14 of the Act. The section says that consent is considered free consent when it is not caused or affected by the following,
Coercion
Undue Influence
Fraud
Misrepresentation
Mistake