Consent is a state of mind of a contracting party that leads
to such party to enter into contract. It is a willingness or permission of
party to form a contract after being aware about the terms and condition of the
contract. It is a judgment to place oneself as a contracting party made by the
party concerned. The free decision to form a contract by the parties is known
as free consent upon it. Parties of the contract must be free from any kinds of
coercion, pressure, threaten, undue influence to make contract in respect of
forming the terms and condition under that contract. The contract Act 2000 has
not defined the term consent but the section 14 of the Indian Contract Act,
1872 has defined this term as two or more are said to consent when they agree
upon the same thing in the same sense. This definition clarifies the meaning of
consent as agreeing upon the same thing in the same sense. Being agreed to do
or not to do something in the same sense taken by offered is called consent The
Both parties agree upon same thing is the same sense they are said to be
consent or making meeting of mind. It is known as consensus-ad-idem in English
law. It is the same intention regarding terms and condition of the contract of
both parties.
Section 10 of the Indian Contract Act 1872 has mentioned
that all agreements are contract if they are made by free consent of the
parties. Therefore, only consent is not sufficient to form a contract but also
it must be made freely.
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