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What is Free Consent?

What is Free Consent?

by Nusrat Jahan Shorme -
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"Free consent" is a fundamental concept in contract law and is essential for the formation of a legally valid contract. It means that the parties entering into a contract must do so of their own free will, without any duress, coercion, misrepresentation, fraud, or undue influence. Free consent ensures that the agreement is voluntary and that the parties understand and agree to the terms and conditions without any external pressures or deceit.

Here are the key elements related to free consent in contract law:

1. Absence of Coercion: Coercion refers to the use of force, threats, or other forms of pressure to make someone enter into a contract against their will. If a party is forced or threatened into the contract, their consent is not free.

2. Absence of Undue Influence: Undue influence occurs when one party has significant power or influence over the other, and they use that influence to make the weaker party agree to the contract terms. This can lead to a lack of free consent.

3. Absence of Fraud: Fraud involves deliberately making false representations to induce someone to enter into a contract. If fraudulent statements or actions mislead one party, their consent is not considered free.

4. Absence of Misrepresentation: Misrepresentation involves making untrue statements, either innocently (negligent misrepresentation) or intentionally (fraudulent misrepresentation), that lead to a false understanding of the contract terms. Misrepresentation can invalidate free consent.

5. Absence of Mistake: If both parties are mistaken about a fundamental aspect of the contract, it can indicate a lack of free consent. However, not all mistakes invalidate consent, and the nature of the mistake is crucial.


Free consent ensures that contracts are based on genuine agreement and that parties are entering into them voluntarily and with a clear understanding of the terms. If any of the elements listed above are present, the contract may be voidable, meaning that the injured party has the option to either affirm or void the contract. In cases of coercion, undue influence, fraud, or misrepresentation, the injured party typically has the option to rescind or annul the contract. It's important for legal systems to protect individuals and businesses from contracts that are formed under duress or deception.