free consent

Section 10 of the Indian Contract Act makes free consent an essential of a valid contract. Section 13 defines consent as agreeing on the same thing in the same sense (consensus ad idem), and s.14 says consent is free when it is not caused by coercion (s.15), undue influence (s.16), fraud (s.17), misrepresentation (s.18) or mistake (ss.20–22).

Keep two situations apart. Where there is no consent at all, as when the parties are thinking of different things, the agreement is void. Where consent exists but is not free, the contract is generally voidable at the option of the party whose consent was so caused (ss.19 and 19A); the exception is a mutual mistake of fact essential to the agreement, which makes it void (s.20).

Example

A sale deed signed by an old man at the dictation of his doctor, without independent advice, may be set aside for want of free consent on the ground of undue influence.

In Indian law

• Sections 10, 13 and 14, Indian Contract Act, 1872

See also

coercion · undue influence · misrepresentation · consensus ad idem

Read more in the study notes

• Methods of dispute resolution: adversarial, inquisitorial and ADR (Alternative Dispute Resolution Systems)
• ADR and the Civil Procedure Code: section 89 and Afcons (Alternative Dispute Resolution Systems)
• Lok Adalats and Permanent Lok Adalats (Alternative Dispute Resolution Systems)
• Arbitration: meaning, kinds and salient features of the 1996 Act (Alternative Dispute Resolution Systems)
• Arbitration agreement and its drafting (Alternative Dispute Resolution Systems)
• Arbitrators: qualities, appointment, challenge and substitution (Alternative Dispute Resolution Systems)