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What is Free Consent?

What is Free Consent?

by Ohidu Jaman -
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Free consent is a fundamental concept in contract law that refers to the idea that parties entering into a contract must do so willingly, without any undue influence, coercion, misrepresentation, or fraud. For a contract to be valid, the consent of the parties must be given freely and without any external factors that could compromise their ability to make a genuine and voluntary agreement. Here are some key aspects of free consent in contract law:


1. Absence of Coercion: The parties must not be subject to any physical force or threats that compel them to enter into the contract against their will. Coercion renders a contract voidable.


2. Absence of Undue Influence: Parties must not be unduly influenced by a dominant party who takes advantage of their trust or vulnerability. If undue influence is present, the contract can be voided.


3. Absence of Fraud: Parties must not be deceived by false statements or concealment of material facts. If fraud is involved in inducing one party to enter into the contract, it can be voided by the deceived party.


4. Absence of Misrepresentation: Misrepresentation occurs when one party makes false statements, whether intentionally or negligently, that induce the other party to enter into the contract. Depending on the type of misrepresentation, the contract may be voidable.


5. Genuine Consent: The consent given by both parties should be genuine and based on a clear understanding of the terms and implications of the contract. If there's a mistake or lack of understanding, it can affect the validity of the contract.


In summary, free consent is a crucial element in contract law to ensure that contracts are entered into voluntarily and without any unfair or coercive tactics. If consent is compromised due to coercion, undue influence, fraud, or misrepresentation, the affected party may have the option to void the contract.