Free Consent

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Free Consent

Published by: Anu Poudeli

Published date: 03 Aug 2023

Free Consent

A basic element in contract law is free consent, which assures that agreements are signed voluntarily and without force or undue influence. It is required for the creation of a legitimate and enforceable contract. The word "free consent" refers to the requirement that both parties entering into the contract freely agree to the terms and conditions without any external pressures or fraudulent acts.

Here are some of the most important features of free consent:

1.Voluntary agreement: Both parties must freely agree to the contract. This means they are not coerced or coerced into entering into the contract against their will.

2.Absence of coercion: Coercion is the use of threats or force to get someone to sign a contract. If one party uses coercion to get the other party's assent, the contract is voidable at the choice of the forced party.

3.Absence of undue influence: Undue influence arises when one party uses their dominant position to unduly influence the decision of the other party. This frequently occurs when one party has a fiduciary connection with the other, such as a doctor and patient or a lawyer and client.

4.Absence of fraud: Fraud occurs when one party purposefully misrepresents material facts or actively hides vital information in order to entice the other party to enter the contract. If a contract is formed established through deception, the innocent party may choose to cancel it.

5.Mistake: A mistake committed by one or both parties on the subject matter, terms, or circumstances of the contract can also have an impact on free consent. In rare situations, an error can render the contract null and void.

6.Sound mind and Capacity : Both parties must be of sound mind and capable of comprehending the nature and consequences of the contract they are engaging into. Contracts with children or those who lack mental capacity are usually void or voidable.

7.Consideration: A legitimate consideration, which is anything of value exchanged between the parties as part of the contract, must accompany free assent.

To minimize legal conflicts and maintain the agreement's integrity, it is critical to guarantee that all parties participating in a contract have provided their free assent. If any of the elements of free consent are missing, the affected party may seek legal redress. Contract law differs by jurisdiction, thus it is always best to get legal counsel when dealing with complex contracts or free consent conflicts.