Q # 06: What Is Consent and Free Consent? When Consent Said To Be Free? 1) Introduction

Q # 06: What is consent and free consent?
When consent said to

be free?
1) Introduction
 Consent is very important essential of the contract because without the consent of parties
there is no valid contract. When consent could be taken by coercion, undue influence,
misrepresentation or mistake the agreement is voidable which can be cancelled on the
option of that party whose consent was taken by unfair means. Free consent is the
foundation of valid contract. Without free consent any agreement cannot bear the status of
valid contract. Without free consent any agreement does not amount the valid contract and
such contract cannot be enforced by the court of law
2) Definition of consent
 When all the parties of a contract may agree upon the same thing in the same sense is
called consent
3) Definition of Free consent

 Consent will be considered free when it has been taken without coercion, undue influence,
fraud, misrepresentation or mistake
4) Age of consent
 Consent only can be given by an adult. A consent which is given by minor in contract will be
considered invalid. The age of consent is the age at which a person is considered to
be legally competent to consent to sexual acts. The ages of consent are currently set
between 14 and 18
5) Consent of unsound person

 A consent which has been taken by unsound person has no legal value. If a contract has
been made upon such consent in this case such contract shall be void. Because unsound
person is unable to judge the consequences of his consent against any agreement that’s
why such contract has no value in the eye of the law and it is not enforceable by the law
6) Essentials of consent
Following are the essential of consent
1. Free consent
 It is also necessary that the consent should be free from any pressure. Free consent is one of
the essential elements of valid contract. Parties to a contract may agree upon the same
thing in the same sense.
2. Coercion
 Consent should be free from coercion. Such consent is the most important element of the
valid contract.
3. Undue influence
 Consent should be free from undue influence which can be mental or physical threat.
4. Misrepresentation
 False statement in the agreement can cause the contract void. So there should be no
Misrepresentation between the parties
5. Fraud
 Consent should be free from fraudulent element
7) Types of consent
Following are the three types of consent
1. Explicit Consent
 Explicit consent also known as direct consent which means that an individual has been given
options to agree or disagree with the treaty even after disclosure of personal information
2. Implied consent
 Implied consent also known as indirect consent which means that an individual who has not
been given options to agree or disagree with the treaty even nothing to disclose upon him
about personal information
3. Written consent
Written consent also known as informed consent which means an individual who gives
consent even after knowing the all written risk involved which may occur in the future and
promise may disclose sufficient information upon him
8) Reasons which makes consent unfree
 Case law
 It was held that If a contract has been made by obtaining consent by coercion of a party, it
does not remain a free consent, and the contract becomes voidable
Following are the reasons which make the contract unfree
1. Coercion
 When consent for an agreement is taken by coercion, the contract becomes voidable at the
option of the party whose consent was taken by coercion. But If such party want to continue
this agreement then contract shall be valid in the eye of law
2. Undue influence
 Undue influence is a mental or moral threat. When consent for an agreement is taken by
undue influence, the contract becomes voidable at the option of the party whose consent
has been taken by undue influence.
3. Fraud
 The element of fraud in a contract makes the contract voidable in the eye of law and there is
no legal obligation on the parties. The contract becomes voidable at the option of the party
whose consent has been taken by fraud
4. Misrepresentation
 When a false statement is made with the knowledge that it is false in order to get consent of
the party in this case, contract become voidable at the option of the party whose consent
has been taken by Misrepresentation
5. Mistake
 Sometimes, one or both parties are working under some misunderstanding about fact
relating to the subject matter of contract and enter into a contract. Because such contract is
based on a mistake so in this case it is not free consent and contract is voidable
9) Conclusion
 Free consent is the consent which obtained by the free will of the parties. Free consent is an
essential element of the valid contract. A contract is voidable if there is no free will and
consent of the parties have been taken by undue influence, mistake, fraud or
Misrepresentation in such cases contract is void and there is no obligation on the parties
and they cannot take legal actions against one another. It is not free consent which is
necessary for the validity of a contract there are a lot of other factors which makes contract
valid

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Q # 06: What is consent and free consent?

When consent said to

3) Definition of Free consent

5) Consent of unsound person

8) Reasons which makes consent unfree

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