Section 13 of I.C.A . Define that’s consent as two or more person are said to consent when they are agree upon the same thing in the same sense

1. FREE
CONSENT
CHAPTER 6

2. MEANING OF CONSENT
 Section 13 of I.C.A . Define that’s consent as two or more
person are said to consent when they are agree upon the
same thing in the same sense
 Consent involves identity of mind
 terms “Consensus ad idem”
 if they do not agree in the same sense, there cannot be
consent . When there is no consent , there is no contract

3. Consent
 E g : Saroj an illiterate women execute a deed of gift
under the impression that she is executing a deed
authorizing her nephew to manage her agricultural
land. The deed is not read or explained to her. Here ,
there is no consent , there fore no contract

4. Meaning of free consent
 Free consent is real consent which is required to make
a valid contract. The parties to a contract should have
identity of mind or consensus ad idem
 According to section 14 of the contract act consent is
said to be free when it is not caused by
1) coercion as defined in sec 15
2)undue influence as defined in sec 16

5. Meaning of free consent
3) fraud as define as in sec 17
4) misrepresentation as define sec 18
5) mistaken, subject to provision of section
20,21,22

6. coercion
 When consent is obtained by “coercion”, the consent is
not free.
 When a person is compelled to enter into a contract by
use of force by the other party or under threat coercion
said to be employed
 sec 15 of act define “ coercion is the committing or
threatening o commit any act forbidden by Indian
penal code

7. committing the offence or threatening to commit is
enough for establishing coercion

8. 2 : Unlawful detaining or threatening to detain any
property
 Detaining the property or threatening to detain any
property is also coercion ,
 If any property is detained by any person by use of
force or otherwise ,
 Other party may be force to give consent to the
agreement.
 In this case the law never treat the consent as free

9. 3 : Intention of causing any person to
enter into an agreement
• To prove coercion , it is not sufficient that the
committing of or the threatening
to commit a forbidden act is existent
•but it is also to be established that the committing
Or the threat of such forbidden act was effectively
used with the intention Compelling any person to
enter into an agreement

10. 4 : Coercion can be applied either
by a party to the contract or even
by a stranger
5 : The place of coercion is
immaterial

11. Free consent is one of the most important essential elements of a valid
contract. The term free consent refers to meeting of free and fresh minds of two
parties of an agreement when two parties take and understand, purpose, subject
matter and terms and conditions of the agreement in the same sense it is free
consent. Both of them must take things in the same way. They must not
understand it in different way. An agreement which is made freely it becomes a
valid contract due to presence of free consent of both the parties. In any of the
free consent of both there will no free consent in the agreement.
a. Coercion: - threading.
b. Undue influence: - pressure and misuse of power for unfair advantage.
c. Fraud, deceiving on cheating the other.
d. Misrepresentation: - false statement without an intention to deceive the
other.
e. Mistake error