Title Sections

Consent = சசசசசசச SEC-13

Free Consent = free from any compulsion = சசசச சசசசசசச SEC-14

Consent
Definition:
ACOT-Sec-13,
"Consent” defined.—Two or more persons are said to consent when they agree upon the same thing in the same sense.

Meaning
Consent is said to be free where all the parties must be "genuine". it means agreed upon
something in the same sense i.e. there should be "consensus – ad – idem"

Effect of absence of consent:

If an agreement is not satisfied the sec-13 of ICA 1872 then there is no concent at all.
So the agreement is "void – ab – initio"
So the agreement is not enforceable at the option of either party

Illustration-1
X have two car one Maruti car and one Honda city car. Y does not know that X has two cars Y offers to buy car at
Rs.50,000. Here, there is no identity of mind in respect of the subject matter. Hence there is no consent at all and the
agreement is void – ab – inito.

Illustration-2
An Illiterate woman signed a gift deed thinking that it was a power of attorney – no consent at all and the agreement
was void – ab – inito [ Bala Devi V S. Manumdats ]

Free Consent
Definition:
ACOT-Sec-14,
“Free consent” defined—Consent is said to be free when it is not caused by—
(1) Coercion, as defined in section 15, or
(2) Undue influence, as defined in section 16, or
(3) Fraud, as defined in section 17, or
(4) Misrepresentation, as defined in section 18, or
(5) Mistake, subject to the provisions of sections 20, 21 and 22.
Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue
influence, fraud, misrepresentation or mistake.

Meaning:
ACOT-Sec-14,
Consent is said to be free when it is not caused by
1. Sec-15 or [Coercion]
2. Sec-16 or [Undue influence]
3. Sec-17 or [Fraud]
4. Sec-18 or [Misrepresentation]
5. Sec-20 or [both parties under mistake by fact]
6. Sec-21 or [mistake by law]
7. Sec-22 [one party under mistake by fact]

Elements Vitiating Free Consent

ACOT-Sec-14,
Consent is not free consent when it is caused by
1. Sec-15 or [Coercion]
2. Sec-16 or [Undue influence]
3. Sec-17 or [Fraud]
4. Sec-18 or [Misrepresentation]
5. Sec-20 or [both paries under mistake by fact]
6. Sec-21 or [mistake by law]
7. Sec-22 [one pary under mistake by fact]

Effect of absence of Free Consent:

1. Effect as voidable contract

A contract vitiated by Coercion or Fraud or Misrepresentation is voidable at the option of the party whose consent was
so caused.
It is defined in sec-19 as below….
Voidability of agreements without free consent.—When consent to an agreement is caused by coercion, 1*** fraud or
misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused.

2. Effect as no voidable contract

A contract vitiated by Coercion or Fraud or Misrepresentation but the “party to a contract" discovering this truth with
ordinary diligence then the contract is consider as valid
It is also defined in sec-19 as below….
A party to a contract whose consent was caused by fraud or misrepresentation, may, if he thinks fit, insist that the
contract shall be performed, and that he shall be put in the position in which he would have been if the representations
made had been true.

Exception.—If such consent was caused by misrepresentation or by silence, fraudulent within the meaning of section 17,
the contract, nevertheless, is not voidable, if the party whose consent was so caused had the means of discovering the
truth with ordinary diligence.

Explanation.—A fraud or misrepresentation which did not cause the consent to a contract of the party on whom such
fraud was practiced, or to whom such misrepresentation was made, does not render a contract voidable.

3. Effect as set aside contract (Effect of undue influence)

A contract vitiated by undue influence is voidable at the option of weaker party. The court can set aside such contract-
(i) Either wholly: or
(ii) Where the weaker party has enjoyed some benefit under the terms of the contract, then upon just and equitable
terms
It is defined in sec-19a as below….
Power to set aside contract induced by undue influence.—When consent to an agreement is caused by undue influence,
the agreement is a contract voidable at the option of the party whose consent was so caused.
Any such contract may be set aside either absolutely or, if the party who was entitled to avoid it has received any benefit
there under, upon such terms and conditions as to the Court may seem just.