When consent is not free explain 

Describe the circumstances when consent is not free?

Meaning of Consent

In contract law, consent refers to the voluntary agreement between parties to enter into a legally binding contract. It is a crucial element that validates the contract and ensures that both parties understand and accept the terms, conditions, and obligations involved. When consent is not free explain 

Consent is not considered free when it is obtained under circumstances involving coercion, undue influence, fraud, misrepresentation, or mistake. Below are specific situations when consent is not free:

1. Coercion (Threat or Force)
   Coercion in contract law refers to the act of compelling a person to enter into a contract by using threats, force, or any form of unlawful pressure. It is defined under Section 15 of the Indian Contract Act, 1872, and renders the contract voidable at the option of the party subjected to coercion.
   • When consent is given under threats, intimidation, or physical force.
   • Example: A person signs a contract after being threatened with harm.
2. Undue Influence (Exploitation of Authority)
   Undue Influence in contract law refers to a situation where one party takes advantage of their dominant position or power over another party to obtain their consent to a contract unfairly. This concept is defined under Section 16 of the Indian Contract Act, 1872. When consent is not free explain
   • When one party uses their dominant position or influence to pressure another into consenting.
   • Example: A guardian manipulating a dependent’s decision to transfer property. When consent is not free explain 
3. Fraud (Deception)
   Fraud (Deception) in contract law refers to the intentional act of deceiving another party to induce them to enter into a contract. This concept is defined under Section 17 of the Indian Contract Act, 1872, and it invalidates consent, making the contract voidable at the option of the aggrieved party.
   • When false information or deceit is used to obtain consent.
   • Example: Selling a defective product by hiding its flaws.
4. Misrepresentation (False Statements)
   Misrepresentation (False Statements) in contract law refers to a false statement or representation of a material fact made by one party to induce the other party to enter into a contract. Unlike fraud, misrepresentation is unintentional and without deceitful intent. It is defined in the Section 18 of the Indian Contract Act, 1872.
   • When consent is obtained by providing incorrect or misleading information, whether intentional or unintentional.
   • Example : Offering a job with promises of benefits that do not exist.
5. Mistake (Fundamental Error)
   Mistake (Fundamental Error) in contract law refers to a misunderstanding or incorrect belief about a material fact concerning the terms or subject matter of the contract. This mistake must be significant enough to undermine the agreement’s validity. Mistakes can render a contract void if they go to the very root of the agreement. When consent is not free explain
   • When both parties are mistaken about a fundamental aspect of the agreement, or one party misunderstands the terms due to an error.
   • Example : Entering a contract believing the subject matter exists when it does not. When consent is not free explain 

In legal and ethical contexts, valid consent must be voluntary, informed, and given by a person who has the capacity to understand the consequences of their decision. You can download the syllabus of commercial law on the official website Gndu.

Conclusion:- The conclusion of free consent is that it is a fundamental principle in legal and ethical agreements, ensuring that all parties voluntarily agree to the terms without coercion, fraud, undue influence, misrepresentation, or mistake. Free consent is essential for the validity of contracts, as it guarantees that individuals make informed and independent decisions. When consent is not free, the agreement may be void or voidable, protecting parties from unfair or exploitative arrangements.

When consent is not free explain 

You can also read the important question as following.

Describe the circumstances when consent is not free.