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Free Consent under 
Indian Contract Act
Page 2


Free Consent under 
Indian Contract Act
Section 10 of the Indian Contract Act
Free Consent
Agreement must be entered by free consent of 
parties involved.
Competence of Parties
Parties must be of sound mind and legal age.
Lawful Consideration
Agreement must have lawful consideration and 
object.
Not Void
Agreement must not be expressly declared void by 
law.
Page 3


Free Consent under 
Indian Contract Act
Section 10 of the Indian Contract Act
Free Consent
Agreement must be entered by free consent of 
parties involved.
Competence of Parties
Parties must be of sound mind and legal age.
Lawful Consideration
Agreement must have lawful consideration and 
object.
Not Void
Agreement must not be expressly declared void by 
law.
Consensus ad idem
Meeting of Minds
Both parties must agree on the same thing in the same 
sense. This is evidenced by offer and acceptance.
Voluntary Agreement
Free consent ensures the agreement is entered willingly. 
No external pressure or manipulation should exist.
Page 4


Free Consent under 
Indian Contract Act
Section 10 of the Indian Contract Act
Free Consent
Agreement must be entered by free consent of 
parties involved.
Competence of Parties
Parties must be of sound mind and legal age.
Lawful Consideration
Agreement must have lawful consideration and 
object.
Not Void
Agreement must not be expressly declared void by 
law.
Consensus ad idem
Meeting of Minds
Both parties must agree on the same thing in the same 
sense. This is evidenced by offer and acceptance.
Voluntary Agreement
Free consent ensures the agreement is entered willingly. 
No external pressure or manipulation should exist.
Free Consent under Indian Contract Act
Definition
Defined in Section 13 as 
agreement in the same sense by 
willing parties.
Criteria under Section 14
Coercion
Undue Influence
Fraud
Misrepresentation
Mistake
Example
Agreement to sell a car with 
differing intentions leads to lack 
of consensus ad idem.
Page 5


Free Consent under 
Indian Contract Act
Section 10 of the Indian Contract Act
Free Consent
Agreement must be entered by free consent of 
parties involved.
Competence of Parties
Parties must be of sound mind and legal age.
Lawful Consideration
Agreement must have lawful consideration and 
object.
Not Void
Agreement must not be expressly declared void by 
law.
Consensus ad idem
Meeting of Minds
Both parties must agree on the same thing in the same 
sense. This is evidenced by offer and acceptance.
Voluntary Agreement
Free consent ensures the agreement is entered willingly. 
No external pressure or manipulation should exist.
Free Consent under Indian Contract Act
Definition
Defined in Section 13 as 
agreement in the same sense by 
willing parties.
Criteria under Section 14
Coercion
Undue Influence
Fraud
Misrepresentation
Mistake
Example
Agreement to sell a car with 
differing intentions leads to lack 
of consensus ad idem.
Coercion
Definition
Forcing someone to 
enter a contract 
without consent 
(Section 15).
Elements
Includes threats or 
illegal detention of 
property to obtain 
consent.
Legal Effect
Contracts under 
coercion are 
voidable at the 
option of affected 
party.
Burden of Proof
Lies with the 
aggrieved party to 
prove coercion 
occurred.
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