What is Free Consent
Two or more persons are said to consent when they agree upon the same thing in the same sense.
Consent is not free when it is caused by coercion, undue influence, fraud, misrepresentation or mistake.
What is coercion
Coercion means undertaking any of the following acts with the intention of causing any person to enter into an Agreement:
- Committing or threatening to commit any act which is forbidden by the Indian Penal Code (For e.g. criminal intimidation, defamation, theft, robbery, cheating, criminal trespass etc.)
- Unlawful detaining or threatening to detail any property
What is Undue Influence
An Agreement is said to made through undue influence where the relations between the parties to the Agreement are such that one person is able to dominate the will of the other person and uses that position to obtain an unfair advantage over the other.
A person is deemed to be in a position to dominate the will of another in the following cases:
- He holds are real or apparent authority over the other
- He stands in a fiduciary relationship with the other
- He makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness, mental or bodily distress
The above article provides a general overview on the topic. For further information with respect to free consent, kindly contact services@jneela.com.
