Sunday, January 3, 2016

Free Consent

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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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