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Short describe free consent with sections

Short describe free consent with sections

by Arpa Singh -
Number of replies: 0

Free consent in a contract refers to the genuine and voluntary agreement of all parties involved, without any coercion, undue influence, fraud, misrepresentation, or mistake. Sections 10 to 30 of the Indian Contract Act, 1872, deal with various aspects of free consent. Here's a brief description:


1. **Section 10 - What Agreements are Contracts:**

   - A contract is a result of the parties' free and genuine consent.


2. **Section 13 - "Consent" Defined:**

   - Two or more persons are said to consent when they agree upon the same thing in the same sense.


3. **Section 14 - "Free Consent" Defined:**

   - Consent is not free when obtained through coercion, undue influence, fraud, misrepresentation, or mistake.


4. **Section 15 - "Coercion" Defined:**

   - Coercion involves committing or threatening to commit any act forbidden by the Indian Penal Code, or unlawfully detaining a person.


5. **Section 16 - "Undue Influence" Defined:**

   - A contract is induced by undue influence when one party dominates the will of the other to obtain an unfair advantage.


6. **Section 17 - "Fraud" Defined:**

   - Fraud involves any act committed with intent to deceive another party or to induce them to enter into a contract.


7. **Section 18 - "Misrepresentation" Defined:**

   - Misrepresentation occurs when one party makes a false statement that induces the other to enter into a contract.


8. **Section 20 - "Agreement Void Where Both Parties Are Mistaken":**

   - If both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void.


Understanding these sections is crucial to ensuring that consent in a contract is voluntary and free from any vitiating factors.