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Free consent - Contract, Business Law Video Lecture | Business Law - B Com
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FAQs on Free consent - Contract, Business Law Video Lecture - Business Law - B Com
| 1. What is free consent in contract law? |  |
Ans. Free consent in contract law refers to the voluntary agreement of all parties involved in a contract to enter into the contract without any undue influence, fraud, coercion, or misrepresentation. It means that the parties willingly and knowingly agree to the terms and conditions of the contract without any external pressures or deceptive tactics.
| 2. What are the essential elements of free consent in a contract? | |
Ans. The essential elements of free consent in a contract include:
1. Offer and acceptance: Both parties must freely offer and accept the terms of the contract without any force or coercion.
2. Mental capacity: All parties involved must have the mental capacity to understand the terms and consequences of the contract.
3. Absence of fraud: There should be no intentional misrepresentation or concealment of facts by any party.
4. Absence of coercion: No party should be under any physical or mental pressure to enter into the contract.
5. Absence of undue influence: The consent should not be obtained through unfair advantage or influence exerted by one party over the other.
| 3. What happens if free consent is not present in a contract? | |
Ans. If free consent is not present in a contract, the contract becomes voidable at the option of the aggrieved party. This means that the party whose consent was not freely given can choose to either affirm the contract or rescind it. If the contract is rescinded, both parties are released from their obligations and any consideration exchanged must be returned.
| 4. How can a lack of free consent be proved in a contract? | |
Ans. To prove a lack of free consent in a contract, the aggrieved party needs to establish that there was coercion, undue influence, fraud, misrepresentation, or mistake involved. This can be done by presenting evidence such as communication records, witness testimonies, expert opinions, or any other relevant documents that support the claim of lack of free consent.
| 5. What are the remedies available for a party affected by lack of free consent? | |
Ans. The remedies available for a party affected by lack of free consent include:
1. Rescission: The aggrieved party can choose to rescind the contract, which means that both parties are released from their obligations and any consideration exchanged must be returned.
2. Damages: The party suffering from lack of free consent may seek damages for any losses or harm suffered as a result of the contract.
3. Specific Performance: In certain cases, the court may order the breaching party to perform their obligations under the contract as originally agreed.
4. Injunction: The court may issue an injunction to prevent the other party from taking any further action that may harm the aggrieved party's interests.
It is important to note that the available remedies may vary depending on the jurisdiction and the specific circumstances of the case.
Text Transcript from Video
it is a pre requirement of law that
there should be consent between the two
parties only when there is consent
between the two parties you can say that
there is a contract between them if the
consent is absent there is no contract
so let's see what consent means in law
what are the things when they have
present the consent is said to be absent
let's take a look
consent in law means consensus add item
now what does this mean this actually
means two or more persons are said to
have consented when they agree upon the
same thing in the same sense consensus
at item means there should be concerns
that is meeting of minds when the minds
of two persons have met they have agreed
upon one thing you can say that there is
consensus at item and in literal English
we define it as two or more persons have
said to be consented when they agree
upon the same thing in the same sense
now this is very important agreeing on
the same thing and in the same sense now
to explain this I'll just give you an
example I give you an offer saying I
want to sell my vehicle to you for
rupees twenty thousand let's assume that
you say okay I would like to purchase it
now in this contract when I gave you the
contract I was referring to my bike
and you thought I was referring to my
car so do you think there is consent
amongst us are we agreeing upon the same
thing here i buy this proposal imply my
bite you buy your acceptance in flight
the car for me the proposal is about the
fight for you it is about the car are we
agreeing on the same thing we have
agreed here but have we agreed on the
same thing no we have not agreed on the
same thing as long as there is no
agreement on the same thing they can
never be your contract both the parties
have to agree on the same thing it has
to be the same thing
not only it has to be the same thing it
has to be meant in the same sense it has
to have the same meaning I'll again give
you an example I give you an offer
saying I want to sell my bike to you for
rupees 20,000 you say ok I would like to
purchase it now I have three bites I
want to sell my red colour by you
thought I was selling my black bite now
we have agreed on the same thing it's
the bike only but I have a difference in
my sense for the bike I am meaning it
differently you are meaning it
differently you mean a red or sorry a
black bite for me it is the red bite so
not only we have to agree on the same
thing it also has to be in the same
sense now the problem with this case
generally arises when the words are
ambiguous when the words are ambiguous
ambiguous me
words having two meanings two or more
meaning generally we take two meanings
words like Bank weight when we say it
obviously when you spell it the words
are different but when we generally say
weight
it can mean you know to wait for someone
or to check your weight how heavy are
you so words which have to mean again
Bank Bank means the shore of a river
where the river ends or it may also mean
a bank when we deposit money and we
withdraw money from so in such cases
there is a problem in understanding in
what sense is the offer given in what
sense is the acceptance made because the
offeror may mean it in one sense the
acceptor may mean it in the other so
normally in the ambiguous words we have
this sort of a confusion so in a
contract always the offer and the offer
E or the acceptor should agree upon the
same thing in the same sense in the same
meaning it is only then that we can say
that both the parties have consented and
once this is done once this agreement
gets the consent it becomes a contract
okay I've already told you in the
absence of consent they can be no fun
how can there ever be a contract when
there is no consent because every
contract requires an agreement and as
long as there is no agreement there can
be no contract because consenting means
to agree agree on the same thing in the
same sense it is the meeting of minds
the minds of both the parties have to
meet on a particular thing
to agree on a particular thing and when
there will be no agreement how can there
be a contract they can be no contract if
there is no consent now there are some
elements which vitiated the free consent
which vitiated the consent that means
the parties that are into the contract
they agree however the agreement their
consent is not free it is adulterated it
is mixed with some other elements which
the law does not accept law says the
acceptance should be free the consent
should be free now what are these
elements which vitiated the consent let
us see the first is coercion coercion
means physical pleasure physical
pressure it's the physical pressures
when I tell you that if you do not give
me this these goods I'll kill you it's
like putting physical pressure on you I
am threatening to kill you or I am
actually hitting you or beating you and
taking your stuff that would be putting
physical pressure next is undue
influence undue influences putting
mental pressure
it's like putting emotional or
psychological pressure you are not
beating hitting or threatening anybody
but you are trying to emotionally
influence the opposite party there you
were physically trying to get your
contract done here you are emotionally
trying to influence the party
and getting your contract done next is
fraud fraud we all know means cheating
means deceiving it spits like treachery
when you you know represent some other
thing for example I say the spend is
imported when I know that the spend is
locally made I am cheating you
I am defrauding you not only this when I
Forge these signatures I am committing a
problem let's say I am forging my
father's signatures on on his check it's
a fraud I am cheating there
I am forging his signatures on an
agreement it's a fraud I'm cheating
there I sell you a car saying that it's
an imported car there as it was made in
Delhi again I am cheating you
so all these things imply fraud and when
fraud is there the consent that you give
me now please understand when I tell you
that this pen is inputted you agree to
buy it so you give me your consent
however your consent is vitiated by
fraud it is not free from adulteration
it is because of the fraud that you have
given your consent to me next is
misrepresentation misrepresentation is
if it's like an innocent fraud you do
not know that you are cheating the
counterparty but in fact you are it's
just that you do not believe that you
are cheating you are not purposely doing
it because you think what you are saying
is true you do not intend to cheat the
counterparty but in case of fraud you in
and you actually like you actually
represent a particular thing as other so
this is the difference between
misrepresentation and fraud but both we
see it your concern
the first one is intentional the second
one is innocent but the result is both
are vitiating your consent
next is mistake now what do you mean by
mistake mistake here implies two things
mistake of fact that is a factor
relating to the goods or the mistake of
law that is a mistake relating to a
provision of law
so mistake relates to the these two
things now in all these cases you can
say that the contract has been made
since the contract has been made we can
say that the consent has been received
however that consent is not free the
consent is mixed with one of these
elements and when the consent is not
free of these elements the contract
normally becomes voidable you can see
the contract is void of it only in case
of mistake the contract becomes void so
normally when the consent is not free
the contract becomes voidable only in
case of mistake the contract becomes
void so we have defined what is free
consent free consent is consent in which
coercion is not present undue influence
is not present at the same time fraud
and misrepresentation are also not
present if any of these things are
present the consent will no longer
remain free it will be mixed with one of
these factors and hence the contract
will be
voidable let me remind you what a
voidable contract is voidable contract
is a contract which is enforceable at
the option of one party and not at the
option of other party that means only
one party has the option to continue
with it to keep it valid or to make it
void or to avoid it so the that one
party has the option so I hope the topic
consent and free consent is clear since
we have understood the meaning of
consent and free consent let us take
each of these elements that is coercion
undue influence fraud misrepresentation
and mistake one by one and study them in
detail
there should be consent between the two
parties only when there is consent
between the two parties you can say that
there is a contract between them if the
consent is absent there is no contract
so let's see what consent means in law
what are the things when they have
present the consent is said to be absent
let's take a look
consent in law means consensus add item
now what does this mean this actually
means two or more persons are said to
have consented when they agree upon the
same thing in the same sense consensus
at item means there should be concerns
that is meeting of minds when the minds
of two persons have met they have agreed
upon one thing you can say that there is
consensus at item and in literal English
we define it as two or more persons have
said to be consented when they agree
upon the same thing in the same sense
now this is very important agreeing on
the same thing and in the same sense now
to explain this I'll just give you an
example I give you an offer saying I
want to sell my vehicle to you for
rupees twenty thousand let's assume that
you say okay I would like to purchase it
now in this contract when I gave you the
contract I was referring to my bike
and you thought I was referring to my
car so do you think there is consent
amongst us are we agreeing upon the same
thing here i buy this proposal imply my
bite you buy your acceptance in flight
the car for me the proposal is about the
fight for you it is about the car are we
agreeing on the same thing we have
agreed here but have we agreed on the
same thing no we have not agreed on the
same thing as long as there is no
agreement on the same thing they can
never be your contract both the parties
have to agree on the same thing it has
to be the same thing
not only it has to be the same thing it
has to be meant in the same sense it has
to have the same meaning I'll again give
you an example I give you an offer
saying I want to sell my bike to you for
rupees 20,000 you say ok I would like to
purchase it now I have three bites I
want to sell my red colour by you
thought I was selling my black bite now
we have agreed on the same thing it's
the bike only but I have a difference in
my sense for the bike I am meaning it
differently you are meaning it
differently you mean a red or sorry a
black bite for me it is the red bite so
not only we have to agree on the same
thing it also has to be in the same
sense now the problem with this case
generally arises when the words are
ambiguous when the words are ambiguous
ambiguous me
words having two meanings two or more
meaning generally we take two meanings
words like Bank weight when we say it
obviously when you spell it the words
are different but when we generally say
weight
it can mean you know to wait for someone
or to check your weight how heavy are
you so words which have to mean again
Bank Bank means the shore of a river
where the river ends or it may also mean
a bank when we deposit money and we
withdraw money from so in such cases
there is a problem in understanding in
what sense is the offer given in what
sense is the acceptance made because the
offeror may mean it in one sense the
acceptor may mean it in the other so
normally in the ambiguous words we have
this sort of a confusion so in a
contract always the offer and the offer
E or the acceptor should agree upon the
same thing in the same sense in the same
meaning it is only then that we can say
that both the parties have consented and
once this is done once this agreement
gets the consent it becomes a contract
okay I've already told you in the
absence of consent they can be no fun
how can there ever be a contract when
there is no consent because every
contract requires an agreement and as
long as there is no agreement there can
be no contract because consenting means
to agree agree on the same thing in the
same sense it is the meeting of minds
the minds of both the parties have to
meet on a particular thing
to agree on a particular thing and when
there will be no agreement how can there
be a contract they can be no contract if
there is no consent now there are some
elements which vitiated the free consent
which vitiated the consent that means
the parties that are into the contract
they agree however the agreement their
consent is not free it is adulterated it
is mixed with some other elements which
the law does not accept law says the
acceptance should be free the consent
should be free now what are these
elements which vitiated the consent let
us see the first is coercion coercion
means physical pleasure physical
pressure it's the physical pressures
when I tell you that if you do not give
me this these goods I'll kill you it's
like putting physical pressure on you I
am threatening to kill you or I am
actually hitting you or beating you and
taking your stuff that would be putting
physical pressure next is undue
influence undue influences putting
mental pressure
it's like putting emotional or
psychological pressure you are not
beating hitting or threatening anybody
but you are trying to emotionally
influence the opposite party there you
were physically trying to get your
contract done here you are emotionally
trying to influence the party
and getting your contract done next is
fraud fraud we all know means cheating
means deceiving it spits like treachery
when you you know represent some other
thing for example I say the spend is
imported when I know that the spend is
locally made I am cheating you
I am defrauding you not only this when I
Forge these signatures I am committing a
problem let's say I am forging my
father's signatures on on his check it's
a fraud I am cheating there
I am forging his signatures on an
agreement it's a fraud I'm cheating
there I sell you a car saying that it's
an imported car there as it was made in
Delhi again I am cheating you
so all these things imply fraud and when
fraud is there the consent that you give
me now please understand when I tell you
that this pen is inputted you agree to
buy it so you give me your consent
however your consent is vitiated by
fraud it is not free from adulteration
it is because of the fraud that you have
given your consent to me next is
misrepresentation misrepresentation is
if it's like an innocent fraud you do
not know that you are cheating the
counterparty but in fact you are it's
just that you do not believe that you
are cheating you are not purposely doing
it because you think what you are saying
is true you do not intend to cheat the
counterparty but in case of fraud you in
and you actually like you actually
represent a particular thing as other so
this is the difference between
misrepresentation and fraud but both we
see it your concern
the first one is intentional the second
one is innocent but the result is both
are vitiating your consent
next is mistake now what do you mean by
mistake mistake here implies two things
mistake of fact that is a factor
relating to the goods or the mistake of
law that is a mistake relating to a
provision of law
so mistake relates to the these two
things now in all these cases you can
say that the contract has been made
since the contract has been made we can
say that the consent has been received
however that consent is not free the
consent is mixed with one of these
elements and when the consent is not
free of these elements the contract
normally becomes voidable you can see
the contract is void of it only in case
of mistake the contract becomes void so
normally when the consent is not free
the contract becomes voidable only in
case of mistake the contract becomes
void so we have defined what is free
consent free consent is consent in which
coercion is not present undue influence
is not present at the same time fraud
and misrepresentation are also not
present if any of these things are
present the consent will no longer
remain free it will be mixed with one of
these factors and hence the contract
will be
voidable let me remind you what a
voidable contract is voidable contract
is a contract which is enforceable at
the option of one party and not at the
option of other party that means only
one party has the option to continue
with it to keep it valid or to make it
void or to avoid it so the that one
party has the option so I hope the topic
consent and free consent is clear since
we have understood the meaning of
consent and free consent let us take
each of these elements that is coercion
undue influence fraud misrepresentation
and mistake one by one and study them in
detail
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Nov 15, 2024 Last updated |
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