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.


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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