Preface
Free consent means a voluntary agreement by a person. That person must possess and exercise sufficient mental capacity to make an intelligent choice to do something proposed by another person.
Relevant Provisions
Sections 14, 19, and 20 of the Contract Act, of 1872 deal with free consent.
Definition of the term “Consent”
Section 13 of the Contract Act 1872 defines consent as follows;
“Two or more persons are said to give their consent when they agree upon the same thing in the same sense.”
Explanation
In consent, the meeting of minds or consensus ad idem is an important concept. If the consent of the parties is not ad idem on the subject matter about which they are negotiating, there is no agreement between them. When the minds of the parties are directed to different objects, it is obvious that there is no real consent and hence no contract at all.
Example
A, who owns two Honda Cars, offers to sell one car “City” to B for Rs. 10,00,000/- agrees to buy the car thinking A is selling car” Civic”. A and B have agreed not to do the same thing in the same sense but to do different things. There is no consent and hence no contract.
Definition of Free Consent
Section 14 of the Contract Act defines Free Consent as follows
“Consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation, or mistake. Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation, or mistake.”
Legal Effects of Free Consent
Section 10 states that where there is no consent or there is a lack of the real and certain object of consent, there can be no consent at all. However, when there is consent, but not free, there is generally a contract voidable at the option of the aggrieved party.
Following are some legal effects that flow from agreements made without free consent.
1. U/s 19 of the Contract Act, of 1872
When consent to an agreement is caused by coercion, fraud, or misrepresentation, the agreement is a contract voidable at the option of the aggrieved party.
2. U/s 19(a) of the Contract Act, of 1872
When consent to an agreement is caused by undue influence, the agreement is a contract voidable at the option of the aggrieved party.
3. U/s 20 of the Contract Act, of 1872
Where both the parties to an agreement are under a mistake essential to the agreement, the agreement is void and it is not enforceable at the option of either party.
The reason is that when there is no consent there is no contract.
When does Consent Not Free?
Consent is said to be not free when it is affected by any one of the following.
1. Coercion
2. Undue Influence
3. Fraud
4. Mis-representation
5. Mistake
Final Note
Consent is the backbone of a contract. For a contract to be valid, there must be free consent. When there is no consent, there is no contract. Also, where there is consent, but not free consent, the contract is voidable at the option of the aggrieved party.
FREQUENTLY ASKED QUESTIONS
Define free consent. What are the factors which affect free consent?
(2019-A, 2017-A, 2014-A, 2012-A)
REFERENCES
- The Contract Act, 1872
- N-Series by M.A. Chaudhary
- Law of Contract by Avtar Singh
