Explanation:

When the consent of a party is not free, the contract is voidable. This means that the contract is not automatically considered null and void, but rather one party has the option to either affirm or reject the contract.

Free consent is a fundamental requirement for the formation of a valid contract. It means that both parties voluntarily agree to the terms of the contract without any coercion, undue influence, fraud, misrepresentation, or mistake. When this requirement is not met, the contract may be voidable at the option of the aggrieved party.

Examples of situations where consent may not be free include:

1. Coercion: when one party is forced to enter into the contract under threat of harm or injury.

2. Undue influence: when one party uses their power or authority to influence the other party to enter into the contract.

3. Fraud: when one party deliberately makes false statements or conceals important information to induce the other party to enter into the contract.

4. Misrepresentation: when one party makes a false statement that induces the other party to enter into the contract.

5. Mistake: when both parties are mistaken about an important fact relating to the contract.

In all of these situations, the contract is voidable, meaning that the aggrieved party has the option to either affirm or reject the contract. If they choose to affirm the contract, it will remain valid. However, if they choose to reject the contract, it will be treated as if it never existed.

Conclusion:
In conclusion, when the consent of a party is not free, the contract is voidable, meaning that the aggrieved party has the option to either affirm or reject the contract. Free consent is a fundamental requirement for the formation of a valid contract, and any lack of free consent can invalidate the contract.

Explanation:

When the consent of a party is not free, the contract is voidable. Let's understand why:

What is free consent?

Free consent is defined under Section 13 of the Indian Contract Act, 1872, as "two or more persons are said to have consented when they agree upon the same thing in the same sense." Consent is said to be free when it is not obtained by coercion, undue influence, fraud, misrepresentation, or mistake.

What is a void contract?

A void contract is one that is not legally enforceable from the outset. This means that it is null and void from the beginning, and no party can be held liable for non-performance.

What is a voidable contract?

A voidable contract is one that is initially valid but can be voided by one of the parties due to factors such as lack of free consent.

Why is a contract voidable when consent is not free?

When a contract is entered into without free consent, it means that one of the parties has been coerced, unduly influenced, deceived or made a mistake. In such cases, the party whose consent was not free has the option to either affirm or reject the contract. If they choose to reject it, the contract becomes voidable.

For example, if A threatens to harm B if B does not sign a contract, B's consent is not free. In this case, B can choose to reject the contract on the grounds of coercion and the contract becomes voidable.

Conclusion:

When consent is not free, it affects the validity of the contract. A contract entered into without free consent is not automatically void, but it becomes voidable at the option of the party whose consent was not free.