Free consent

LAW ASSIGMENT

Submitted to : Iftikhar Ahmad

Topic: Free consent
Department: Political Science
Section: Section (A)
Class no: 220571
Summited by Muhammad Atif

Date of submission: 26\01\2023

Islamia collage Peshawar

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What does free consent means ?

FREE CONSENT :
Free consent refers when two or more person agrees in doing or entering into an
agreement willingly. The consent is said to be free when it is not caused by.

1. Coercion
2. Undue influence
3. Fraud
4. Misrepresentation
5. Mistake

If a consent is gained by any of these means the contract is considered void and
enforceable by law.

OR

Two or more individual is said to be in consent when they agree upon something on
a common sense free of any force, any threat, and any fraud, it is called a free
consent.

For example : If A wants to sell his car .He offered it in an amount of 250000 .B
wants to buy that car .B heard that is selling his car and they came together and
exchanged their opinion .They both agreed that A will sell his car at that price .B
willingly bought that car without having any force ,without any threatening .They
both agreed on a contract .This is called a free consent .

 Free consent includes agreeing to all of its terms and conditions and a mutual
level of understanding of the subject matter in the contract.

1..Coercion:
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Definition:
Coercion is committing or threatening to commit .When consent includes a coercion it’s neither
being a free consent not consent. In a contract if a person is threatening another person i.e. the
offere by force or by word or through any situation, the consent will no remains a free consent.
e.g. A want to sell his laptop or any other thing .He offered it to an offeree (B).B wants to buy
it but its threatening him too .or B threatens him to sell his laptop without any cost or for a little
amount ,it is said to be a coercion .
 Coercion is an illegal or unlawful act; it is illegal in view of law or rule.
When someone warns another person to escape his children or other things or warns him to kill
or warns to adhere, clutches on something .It’s an illegal activity.
Your intention is to enter other person into your agreement /agreement by saying yes from his
or his .Coercion may move from any person and can be directed toward any person.
Threats not amounting to coercion are:

 Threats to sue. ‫)مق دمہ‬

It is a valid thing. (sue = case)
e.g. In paying electricity bill, A warns B to pay his electricity bill if he is not paying it ,it
is not a coercion but it is legal because you have already entered into an agreement that is
implied that I will pay the bill in every month ,if A is not paying it B can warn or threaten
him.
 Threat to strike. E.g. strike of student against the administration to fulfill their
needs or wishes.
 Detaiting property under mortgage : ( ‫)گروی‬
In section 58 of the Transfer of Property Act 1882, a mortgage is the transfer of an interest in
specific immovable property for the purpose of securing the payment of money advanced or to
be advanced by way of loan.

 2 UNDUE INFLUENCE
A contract is said to be undue influence where the relation subsisting between the parties are
such that one of the party is in a position to dominate the will in a position to dominate the will
of the other and uses the position to gain unfair advantages over other.
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One party is in powerful position and the other party is in low position .The powerful party can
use his power and he can undue his influence on him and tries to make the contract according to
his will.

The other situation is that one party dominates the other position.

For example:

The relation between the teacher and the students .

The relation between patient and the doctor, parents and children relation, relation between the
trustee and the beneficiary.

 3 FRAUD
When a wrong representation is made by a party with the intention to deceive the other party or
to cause him to enter into a contract it is said to be a fraud.

Fraud contract will not be a legal contract at all.

For example:

A sells is car to B but the car has some fault A hides the faults but wants to sell the car as he
knows about the fault.

 Legal provision of Fraud

 A representation or assertion of facts which is not true e.g. Shopkeeper to buyer
 To deceive another person
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 To perform any act which is already declared as deceiving activity by law.

 Sometimes silence is also considered as fraud
 Active concealment of fact by one having knowledge e.g., shopkeeper lies as he
knows there is fault in his product; beside it he sells the product.
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 4 MISREPRESENTATIONS
False representation or information which are made innocently and delivers wrong
things .In result the person suffers from the contract can cancel it or revoked the
contract or aims the damages.
OR
An untrue statement of facts made by one party to the other which was intended and
did induce the letter to enter into the contract.

Act of misrepresentation occurs against him

 5 MISTAKE

Both the parties in a contract or agreement are unaware about the fault or the contract
When the consent of one or both the parties to a contract is caused by misconception
or erroneous belief the contract is said to be induced by mistake

For example. A sells his bike to B .A wants to deliver the bike within 4 days .After 2 days the
bike got stolen .No one knows about the bike .It is a mistake not a fraud.

END

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