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 coercion, undue influence, fraud or misrepresentation the agreement is voidable
at the option of that party whose consent was caused so.

2. Definition of consent:

According to sec 13 of contract act.

Two or more persons are said to consent when they agree upon the same thing in same sense.

3. Essentials of consent:

(i) Two or more persons.

(ii) Agree upon the same things.

(iii) Agree upon the same sense.

4. Age of consent:

Consent can be given only by adult. A consent which is given by minor in a contract is void.

5. Forms of consent:

Following are forms of consent:

(i) Intelligent consent

(ii) Implied consent

(iii) Written consent

6. Consent of unsound person:

A consent which is given by unsound person has no legal value. If a contract is made upon such
contract it shall be void.

7. Free consent:

Contract act sec 14

Consent is said to be free when it is not caused by coercion, undue influence, fraud,
misrepresentation or mistake.
8. Reasons which make consent unfree or when consent is not free:

Case law

P. L. D 1990 S. C. 387

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 voidable.

Following are the reasons which make consent unfree.

(I) Coertion:

If the consent is obtained under coertion it will be not free consent.

(II) Undue influence:

Undue influence is a mental or moral threat. In undue influences the contract is voidable.

(III) Fraud:

If contract is made by way of fraud. In case of fraud the contract is voidable at the option of
defrauded party.

(IV) Misrepresentation:

Misrepresentation means misstatement about the facts in case of misrepresentation the contract is
voidable at the option of the party whose consent is caused.

(V) Mistake:

Where the parties give their consent under a mistake, there is not agreement.

9. Conclusion:

To 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 valid contract. A contract is voidable if there is no free
will. Not only consent but free consent is necessary to complete the validity of contract. So where
there is no consent or no real or certain object of consent there can be contract at all.