What is consent and free consent in terms of an agreement
- Two or more persons are said to consent when they agree upon the same thing in the same sense.
“Free consent” defined.
- Consent is said to be free when it is not caused by—
(1) coercion, as defined in section 15, or
(2) undue influence, as defined in section 16, or
(3) fraud, as defined in section 17, or
(4) misrepresentation, as defined in section 18, or
(5) mistake, subject to the provisions of sections 20, 21 and 22.
Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.
If a person is impressed upon or threatened to give the consent, the consent to an agreement shall not be termed as free consent.
It happens some time that in another transaction the person is already in negotiation and may be with another party; in such a case if that other party tells this person that if the person in question do not give his consent to the agreement he will also not co-operate with him in his dealings. This is called undue influence. If one of the person is having a dominance over the other, in such case also undue influence is exerted to impress upon the other person to agree to the agreement. For example if a Doctor tell his patient to agree to certain terms of Property Dealer to give the flat on rent, it will be termed as undue influence.
If a person do not reveal the realities of the subject matter and enters into an agreement and later it is found that ground realities have been different. If a person asks the other person and he do not give to the point answer, in such case also he misrepresents.
If two persons make the agreement and the subject matter of which this agreement is made does not exist or it do not exist at that time but in the agreement there is no mention of it that it is at present do not exist. Then in such case both the persons are said to be at mistake.