Free Consent

Assent has to be free, not merely signed

Section 10, the definition section used in , requires free consent. Two people can sign and still fail that test if a defect caused the assent. The chapter around it is . A class draft that hides a harsh clause is discussed as a drafting problem in , not as proof that a court will set the paper aside. Open the consent provisions. This page does not number them.

Five headings students must not merge

Coercion is pressure by committing or threatening an act forbidden by the criminal law, in the sense the Contract Act defines, not every tough negotiation. Undue influence is the use of a position of dominance to obtain an unfair advantage. Fraud is deception the Act defines. Misrepresentation is a false statement that falls short of fraud but still induces the contract, as the Act draws that line. Mistake is the narrow set of errors the Act treats as affecting consent, not every regret. Regret after a bad deal is not a heading. The effect is often that the burdened party may avoid the contract. Avoiding is not the same as saying the agreement was void from the start. Read the consequence in the section you open.

How to analyse a consent problem

State the assent. State the fact that is said to have caused it. Name one heading only if the facts match that heading’s idea, and say you still need the section. If the facts show only a high price, do not call it coercion. If the facts show a threat of violence, do not call it a mere mistake. Do not advise someone to repudiate a live contract on the strength of this paragraph.

A hypothetical about a hurried signature

Hypothetical. A landlord says “sign tonight or I will injure you,” and the tenant signs. A student writes that the tenant made a mistake about the rent. The rewrite names coercion as the heading the threat suggests, refuses a section number that was not opened, and does not tell the tenant what to file. A different problem, where nobody threatened anyone and the tenant misread a clear clause, would not use the same heading.

A checklist for consent

Match the defect. 1. Find the assent. 2. Find what caused it. 3. Choose one Contract Act heading and say why. 4. Ask whether the effect is voidable or void, from the text. 5. Do not call regret a defect. 6. Do not send a notice from this note. 7. Confirm the Act on India Code.

Kanoons Academy does not currently list a separate LAWCET, CLAT, or AP LAWCET batch in the catalogue; these notes are study material, and counselling is via . The nearest catalogue course is . That course teaches how to read an Act, a rule, and a judgment note. It is not an entrance-test batch, and the button on this page uses the course’s own name.