Friday, July 8, 2011

Free consent

  • Consent is said to be voluntary (free) if the consent was not a result of any of the following : 
  • 1) coercion-e.g. one party threatens the other with the intention of causing him to enter into an agreement . 
  • Undue influence -e.g. one party uses his position to obtain unfair advantage over the other party.
  • Fraud-e.g. one party intends to deceive the other by suggesting an untrue fact , or actively concealing a fact known . 
  • 4)Misrepresentation -e.g. causing the other party to make a mistake as to the substance of the subject of the agreement . 
  • 5) Mistake-e.g. if both parties are labouring under the mistake (of fact) and the mistaken fact is essential to the agreement - the afreement is void , if one party is labouring under the mistake - the agreement is not voidable .

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