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Page 1 Free Consent Chapter 5 Page 2 Free Consent Chapter 5 FREE CONSENT A contract without free consent is voidable contract. Page 3 Free Consent Chapter 5 FREE CONSENT A contract without free consent is voidable contract. Flaw in consent Coercion (sec15) Undue influence (sec 16) Misrepresentation (sec 17,18) Mistake (sec 20,21) Faudulent or wilful (sec 17) Innocent or Unintentional (sec 18) Mistake of fact (sec 20) Mistake of law (sec 21) Page 4 Free Consent Chapter 5 FREE CONSENT A contract without free consent is voidable contract. Flaw in consent Coercion (sec15) Undue influence (sec 16) Misrepresentation (sec 17,18) Mistake (sec 20,21) Faudulent or wilful (sec 17) Innocent or Unintentional (sec 18) Mistake of fact (sec 20) Mistake of law (sec 21) Bala Debi vs Majumdar,A.I.R (1956) Cal 575 ? An illiterate women executed a deed of gift in favour of her nephew under the impression that she was executing a deed authorizing her nephew to manage her lands. The evidence showed that the woman never intended to execute such a deed of gift, nor was the deed ever read or explained to her. ? Held the deed was void and inoperative. Page 5 Free Consent Chapter 5 FREE CONSENT A contract without free consent is voidable contract. Flaw in consent Coercion (sec15) Undue influence (sec 16) Misrepresentation (sec 17,18) Mistake (sec 20,21) Faudulent or wilful (sec 17) Innocent or Unintentional (sec 18) Mistake of fact (sec 20) Mistake of law (sec 21) Bala Debi vs Majumdar,A.I.R (1956) Cal 575 ? An illiterate women executed a deed of gift in favour of her nephew under the impression that she was executing a deed authorizing her nephew to manage her lands. The evidence showed that the woman never intended to execute such a deed of gift, nor was the deed ever read or explained to her. ? Held the deed was void and inoperative. MEANING OF CONSENT ? According to Section 13 two or more persons are said to consent when they agree upon the same thing in the same sense. ? This means that there should be perfect identity of mind (consensus ad idem) regarding the subject matter of the contract.Read More
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FAQs on PPT - free consent - Business Law - B Com
| 1. What is free consent in B Com? |  |
Ans. Free consent in B Com refers to the voluntary agreement of parties involved in a contract, without any influence, coercion, or misrepresentation. It ensures that both parties enter into the contract willingly and fully understand the terms and conditions.
| 2. Why is free consent important in business contracts? | |
Ans. Free consent is crucial in business contracts as it ensures fairness, honesty, and ethical conduct between parties. It protects individuals from being forced or manipulated into agreements that they do not fully understand or agree with. It also safeguards against fraudulent practices and helps maintain trust and confidence in business transactions.
| 3. What are the types of consent that can invalidate a contract in B Com? | |
Ans. In B Com, consent can be invalidated if it is obtained through coercion, undue influence, misrepresentation, fraud, or mistake. Coercion refers to the use of force or threats to make someone enter into a contract. Undue influence occurs when one party takes advantage of their position of power to manipulate the other party. Misrepresentation involves providing false information to deceive the other party. Fraud is a deliberate act of deceit, while mistake refers to a misunderstanding or erroneous belief about a material fact.
| 4. How can one ensure free consent in business contracts? | |
Ans. To ensure free consent in business contracts, parties should engage in fair and transparent negotiations. They should clearly communicate their intentions, rights, and obligations. All terms and conditions should be clearly written and explained, leaving no room for confusion or misunderstanding. Parties should refrain from using any form of coercion, manipulation, or deceit. Seeking legal advice or assistance can also help ensure that the contract is fair and legally binding.
| 5. What remedies are available if free consent is not obtained in a business contract? | |
Ans. If free consent is not obtained in a business contract, the affected party may have several remedies available. They can choose to rescind or cancel the contract, seeking restitution for any losses suffered. They may also seek damages or compensation for any harm caused by the lack of free consent. It is advisable to consult with a legal professional to understand the specific remedies available based on the circumstances of the contract.
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