Principle: An agreement without free consent can be enforced only at t...
Principle: An agreement without free consent can be enforced only at the option of the party whose consent was not free.
Facts:
A obtains the consent of B to enter into an agreement by putting a gun on the head of B's girlfriend.
Analysis:
The principle states that an agreement can only be enforced if both parties give their free consent. In this case, A obtained B's consent by using coercion and threatening B's girlfriend's life. Coercion involves the use of force or threat to make someone agree to a contract against their will.
Explanation:
According to the principle, an agreement without free consent is not valid. In this case, B's consent was not freely given because it was obtained through coercion. A put a gun on the head of B's girlfriend, which created fear and compelled B to agree to the contract. This clearly indicates that B did not give his consent willingly.
Since B's consent was not free, he has the option to refuse to enforce the agreement. Therefore, option 'A' is incorrect. B cannot enforce the agreement because his consent was obtained by coercion and was not given freely. Therefore, option 'B' is also incorrect.
The correct answer is option 'C' - B cannot enforce the agreement. The principle clearly states that an agreement without free consent can only be enforced at the option of the party whose consent was not free. In this case, B's consent was not free as it was obtained under duress. Therefore, B has the right to refuse to enforce the agreement.
Conclusion:
In conclusion, B cannot enforce the agreement because his consent was obtained through coercion. A's use of force and threat invalidated the free consent required for a valid agreement. Therefore, the correct answer is option 'C' - B cannot enforce the agreement.
Principle: An agreement without free consent can be enforced only at t...
For the free consent under section 14 of the Indian Contract Act, when it is not caused by
- Coercion as under section 15
- Under influences as Section 16
- Fraud as defines Section 17
- Misrepresentation as defines Section 18
- Mistake subject to provision of Section 20,21 & 22
The reasonable conclusion drawn that as the consent B is not free, B can enforce the agreement.