ABSTRACT

FREE CONSENT
INTRODUCTION
A contract is an agreement between two or more parties which requires offer, acceptance,
consideration, capacity to contract and free consent. Contract follows the principle of
“consensus ad idem”.
AS PER SEC 10 OF INDIAN CONTACT ACT 1872: Free consent is an essential
requirement of a contract. Section 14 defines “FREE CONSENT”.
FREE CONSENT is one of the essential elements of a valid contract. Parties to a contract
may agree upon the same sense, and along with the same sense, and along with the same;
Consent received must be free from any compulsion or pressure.
SECTION 13 – two or more person are said to be consent when they agree upon the same
thing in the same sense. This means that there should be perfect identity of mind (consensus
ad idem) regarding the subject matter of the contract.
Consent is said to be free when it is not caused by:
 Coercion (Sec 14)
 Undue influence (Sec 15)
 Fraud (Sec 16)
 Misrepresentation (Sec 17)
 Mistake, subject to provision of section 20, 21 and 22.
If any of the above element affect the contract, then agreement is a contract voidable at the
option of the party whose consent was so caused.

AMIT TIWARI
2ND SEM
2016011