Free consent, as defined in Section 13 of the Indian Contract Act 1872, signifies the voluntary agreement of all parties involved without undue influence or fraud. This legal principle is known as consensus-ad-idem.
Think of free consent in the legal world like a high-five. When two people give each other a high-five, it’s because they both want to agree to it. It’s a voluntary action that shows mutual agreement. Similarly, in the legal context, free consent means that both parties willingly agree to something without any force, fraud, or trickery involved.
This concept of free consent is picked up from the passage in the judgement of Raffles v. Wichelhaus ((1864) 2 Hurl & C 906) which states that “It is essential to the creation of contract that both parties should agree to the same thing in the same sense. Thus if two individuals enter into an apparent contract regarding a particular person or ship and it happens to be that each of them, misled by a similarity of name, no contract would exist between them.
In the case of Raffles v. Wichelhaus, ((1864) 2 Hurl & C 906) A and B, entered into a contract for the sale of 125 cotton bales by a ship named “peerless” from Bombay. The case illustrated the importance of consensus-ad-idem, as a contract was deemed invalid when parties, thinking of different ships with the same name, lacked a meeting of minds.
According to section 14, the consent of the parties in a contract is considered free when the following elements are fulfilled.
- The contract should be free from undue influence. (Section 16)
- It should be free from coercion. (Section 15)
- The contract should not be entered into by mistake. (Section 20,21,22)
- The contract should not be done through misrepresentation. (Section18)
- The contracts should be free from any kind of fraud. (Section 17)
In conclusion, free consent is a vital concept in the realm of law, particularly in contract law. It ensures that individuals enter into agreements willingly and without any external pressure or deceptive tactics. By upholding this principle, the legal system aims to protect the rights and interests of all the parties involved in a contract.
Done By: Reshma A, 5th year B.Com., LL.B(Hons.
SRM University, Kattangulathur
For Origin Law Labs
