Free Consent

Do not attempt question for 10 marks but prepare topic for short notes 1. Coercion

Consent (Meaning Section 13) Section 14 A consent is said to be free when it is not caused by1. Coercion as defined in Sec15, o 2. Undue Influence in Sec.16 or 3. Fraud as defined in Sec.17,or 4. Misrepresentation as defined n Sec.18 or 5.Mistake, subject to the provisions of Sec.20,21 or Sec.22]. Meaning of Coercion Example Effect of coercion Case Law (write only when you are sure otherwise do not attempt)

2. Undue Influence a. Meaning b. Definition c. RELATIONSHIP WHICH RAISE PRESUMPTION OF UNDUE INFLUENCE

d. NO PRESUMPTION OF UNDUE INFLUENCE IN THE RELATIONSHIP e. Effect of Undue influence f. Example

3. Misrepresentation a. Meaning b. Definition c. Requirement of Misrepresentation i. Mere expression of opinion does not amount to misrepresentation even if it turns out to be wrong. ii. It must be made before the conclusion of the contract with a view to inducing the other party to enter in to contract. iii. It must be made with the intention that it should be acted upon by the person to whom it is addressed iv. It must actually have been acted upon and must have induced the contract. v. It must be wrong but the person who made it honestly believed it to be true. vi. It must be made without any intention to deceive the other party.
vii.

It need not be made directly to the plaintiff. A wrong statement of facts made to a third party with the intention of communicating it

to the plaintiff, also amounts to misrepresentation.

d.

Effect of misrepresentation i. Example

4. Fraud a. Meaning b. Definition c. Essential elements of Fraud

i.

The suggestion that a fact is true when it is not true and the person making the suggestion does not believe it to be true; The active concealment of a fact by a person having knowledge or belief of the fact; A promise made without any intention of performing it; Any other act fitted to deceive; Any such act or omission as the law specially declares to be fraudulent. The other party must have relied upon the representation and must have been deceived.

ii.

iii.

iv. v.

vi.

vii. Case Law

5. Mistake a. Meaning

b. Definition c. Types of Mistake d. Mistake of law i. (a) Mistake of law of the country

ii. (b) Mistake of law of foreign country

e.

Mistake of fact: (a) Bilateral Mistake, or

i.

Subject matter (i)Existence (ii)Price (iii)Quantity (iv) Quality (v) Identity or (vi) Title.

(b) Possibility of performance :It may relate to, (i) Physical, or Legal impossibility. (b) Unilateral Mistake. f. Effect g.