4

The Indian Contract Act, 1872: Free Consent

Learning Objectives

After reading this chapter, you will be able to understand:

  • Minute difference between consent and free consent
  • Contract under coercion and undue influence
  • Fraud and its elements
  • Difference between fraud and misrepresentation
  • Types of mistake and its effect on contract

One of the essential conditions of a valid contract is that it should be made out of free consent of the parties. It means free consent if important to determine the validity of a contract. First we will understand consent and thereafter free consent.

4.1 MEANING OF A CONSENT—SECTION 13

Two persons are said to consent, when they agree upon the same thing in the same sense. It is also known as consensus-ad-idem, ...

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