The Doctrine of Free Consent and Undue Influence in Contract Law A Power-Packed Final Review for 18th BJS
Free Consent under the Specific Reference to Undue Influence (The Contract Act, 1872) Introduction: The Significance of Free Consent in Contracting There must be free consent in contract law. Consent is when both or all of the parties to a contract accept the terms of the agreement. A contract may be voidable or void without the requirement of free consent. Forced, duped, or unduly influenced consent is not free consent. What is Free Consent? Free Consent means that all parties involved in a contract agree to the terms willingly, without any pressure, force, deception, mistake, or unfair influence. In simple terms, consent is free when it is given voluntarily and knowingly . Consent is not free if it is obtained by: Force or threat (coercion) Fraud or misrepresentation (lying or hiding facts) Mistake about important facts Undue influence (one party unfairly dominating or controlling the other) Only when consent is free is the...