[ASSIGNMENT] September 9, 2011

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UNIVERSITY OF GUJRAT
MANAGEMENT

ASSIGNMEMT
BUSINESS LAW, FREE CONSENT

Submitted by
UMER ALI
10031920-162
AW

Submitted TO
SIR NASIR

SUBMITTED IN SUPPORT OF THE DEGREE OF

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 [ASSIGNMENT] September 9, 2011

MBA

Free Consent

Definition:
According to sec, 13
Two or more persons are said to be consented when they agree upon the same thing in the
same sense at same time.
Thus consent involves identity of minds in respect of subject matter of contract.

Effect of absence of consent:

When there is no consent at all, the agreement is void and it is not enforceable at the
option of either party.

Example:
Sir Nasir offers to Umer Ali to sell his PECO cycle and Umer is thinking that Sir is
offering to umer to purchase his CHINA cycle, which is in good condition and PECO
cycle is a scrape.
In this case there is no identity of mind in respect of subject matter.

Meaning of free consent:

It is the on of essential element of valid contract as it is evidenced by section 10 which
provides that all agreements are contracts if they are made by free consent of parties .

 Coercion
 Undue influence
 Fraud
 Misrepresentation
 Mistake

Coercion:
Sec, 15 states that compelling a person to enter in to a contract, by use of
physical force forbidden by I.P.C (Indian penal code).

Effect,
Voidable can be canceled at the option of aggrieved party.

Example

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 [ASSIGNMENT] September 9, 2011

Umer says to sir Nasir on Gun point sir give me marks in exam than sir is agreed
and in that case sir’s consent has been obtained by coercion,
Hence, this contract is voidable at the option of Sir Nasir.

Undue Influence: Section 16(1) states that dominating the will of the other person
to obtain unfair advantages over the other
A contract is said to be induced by undue influence.

1) Where the relation subsisting between the parties are such that one of them is in
a position to dominate the will of the other

Effect of undue influence

Sec 19A: 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.

Fraud:
Sec 17: fraud means a false representation of face made will fully with a view to
deceive the other party
Fraud includes the following,

 Wrong suggestion about a fact, knowing that it is not true.

 Active concealment (hide) of defect in goods.
 Promise made without intention to perform.
 Any activity declared fraud as per other la.

Effect of fraud:
The party whose consent was caused but fraud can rescind the contract and he can
claims damages if he suffer any loss.

Misrepresentation
Misrepresentation means a false representation of fact made innocently or non-
disclosure of a material fact without any intention to deceive the other party.

Misrepresentation defines as not warranted by the information of the person making

it, of that which is not true, though he believes it to be true.

Example:

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 [ASSIGNMENT] September 9, 2011

Sir Nasir says to Umer that I have a bike which petrol consumption is 150Km/L and it
is just for Rs 20,000.
This is Misrepresentation and umer can cancel the contract.

Mistake:
Section, 20 states that A mistake is said to have occurred where the parties intended
to do one thing by error or do dome thing else

Classification of mistake of law:

a) Mistake of Indian law, the contract is not voidable because everyone is
supposed to know the law of this country.
e.g. traffic rules.
b) Mistake of foreign law, a mistake of foreign law is treated as mistake of face
and d the contract is void if both the parties are under a mistake as to a foreign law
because one cannot be expected to know the law of other country.

Mistake of fact:
Mistake of fact be either unilateral mistake or bilateral mistake,
Under sec 22,
Unilateral mistake means where only one party to the agreement is under a
mistake and contract is not voidable

Bilateral mistake means where both the parties to the agreement are under
mistake as to a matter of fact essential to the agreement,
The agreement id void

10031920-162

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 [ASSIGNMENT] September 9, 2011

UMER ALI
UOG
CITY CAMPUS

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