Consent in Contract Law

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Submitted By vargismathew
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CONSENT-COMPARISON BETWEEN
ENGLISH AND INDIAN LAW

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Table of Contends

Introduction………………………………………………………4
Coercion…………………………………………………………..5
Undue Influence………………………………………………….9
Fraud……………………………………………………………..16
Misrepresentation……………………………………………….24
Mistake…………………………………………………………...31
Conclusion……………………………………………………….35
Bibliography……………………………………………………..36

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Introduction
Consent can defined as the meeting up of two minds. It well defined principle in common as well as in Indian Law. Section 13 of the Indian Contract Act, 1872 clearly defines consent which says that: Two or more persons are said to consent when they agree upon the same thing in the same sense. For example a customer buys a food processor because the retailer has claimed that the product was made in France but actually the product was made in Taiwan or an instance where a patient signed a contract to pay large sum of money to a doctor for immediate surgery which was actually unnecessary. In all the cases the offer was accepted leading to formation of an agreement and even there was a meeting of minds. However the consent of the person has been manipulated. If it were not the misrepresentation or undue influence the person should not have signed the agreement. It would be unjust if the contract was not set aside. S.10 of the Indian Contract Act says that: All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void.
Thus free consent is an essential requirement of a valid contract. The expression free consent is defined in Section 14:
14.”Free Consent” defined- Consent is said to be free when it is not caused by(1) coercion, as defined in section 15, or
(2) undue influence, as defined in section 16, or
(3) fraud, as…...

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