Under the Indian Contract Act, Consent is a vital element in forming a valid contract. Here are some detailed provisions related to Consent :
- Free Consent : According to Section 13, consent is considered free when it is not obtained by coercion, undue influence, fraud, misrepresentation, or mistake. Both parties must agree upon the terms of the contract without any external pressure.
- Coercion : Section 15 states that any agreement obtained by using threats or force to extract consent is considered coerced. In such cases, the contract is voidable at the option of the party facing coercion.
- Undue Influence : Section 16 deals with situations where one party dominates the will of another, leading to the lack of free consent. If a contract is entered into under undue influence, it can be declared voidable at the option of the affected party.
- Fraud : Section 17 covers cases where one party intentionally makes a false representation with the intention to deceive the other party. If a contract is induced by fraud, the affected party can choose to avoid the contract and claim damages.
- Misrepresentation : Section 18 states that if one party makes a false statement or conceals material facts during the negotiation of a contract, the other party may avoid the contract and seek compensation for any losses suffered.
- Mistake : Section 20 states that if both parties are mistaken about a fundamental aspect of the contract, it can be declared void. However, a unilateral mistake generally does not invalidate a contract.
It is important to note that these provisions are meant to protect the parties involved in a Contract and ensure that their Consent is obtained genuinely and without any unfair practices. In summary, Consent in the Indian Contract Act emphasises the importance of free and genuine agreement between parties, ensuring fairness and protection in contractual relationships.
REFERENCES : https://main.sci.gov.in/supremecourt/2009/10254/10254_2009_12_1501_16652_Judgement_11-Sep-2019.pdf – SUPREME COURT OF INDIA
