Free Consent

What is Consent?

The definition of Consent is provided in the act, which establishes that it is when two or more persons agree upon the same thing and in the same sense. So for creating a legal relationship between two people, they must agree to something in the same sense as well.

What is Free consent?

As per the provisions of Section 14 of Indian Contract Act, the consent is said to be free when it is not caused by the coercion, fraud, undue influence, fraud, misrepresentation or mistake.

Which parties can be affected by Undue Influence?

The parties which are much affected by undue influence are listed below:

• Tender age
• Old age
• Doctor and patient
• Parent and child
• Lawyer and client
• Real and apparent authority

How Fraud is said to be committed?

Fraud can be done by following:

• The active concealment of facts.
• Making promises without any intention of performing it.
• Other such act fitted to deceive the other party.

Does mere silence amount to Fraud?

No, silence is not always considered as fraud. But in a case where the party is supposed to speak but instead he keeps silent of the fact and conceals it, then it does amounts to fraud. In this case, the other party has all the rights to enquire about the particular facts which are either hidden or are untold by the party. If a person continues to remain silent about such facts which are supposed to be known by other party, then it leads to fraud as it can harm the other party.

If Consent is absent, does the Contract remain valid?

When consent to an agreement is caused by either of any element like coercion, fraud, misrepresentation, or undue influence, the agreement will be a contract voidable at the option of the party whose consent was so compromised. When the consent is caused by mistake, the contract will be treated as void.

According to the provisions of the Indian Contract Act, 1872 the definition of Consent is provided in the Act. It establishes that it is when two or more persons agree upon the same thing in the same sense. So, in order to create a legal relationship between two people, they must agree to something in the same sense. Here, when both parties agree or are ready to perform a contract in the same sense or harmony, an agreement will be complete. As for Free Consent, both parties should commit to a single thing and must show mutual trust between both parties.

Geeky Takeaways:

• Two or more people are said to have consent when they agree upon the same thing in the same sense.
• Under the contract, one party should not have an undue advantage over the other, so consent is required to make the contract a fruitful junction between the two parties.