Free Consent is an important essential element of a valid contract. Explain what is Free Consent and the instances under which Free Consent in an agreement would be affected. Please provide examples for each of such instance

Explain what is Free Consent and the instances under which Free Consent in an agreement would be affected , When entering into a contract, it is essential that the parties involved give their free consent. Free consent is one of the most critical elements of a valid contract. It ensures that both parties have agreed to the terms of the agreement without any coercion or undue influence. In this article, we will discuss what free consent is and the different instances under which it can be affected.

What is Free Consent?

Free consent refers to a situation where both parties willingly agree to the terms of the contract without any undue influence or coercion. The consent must be given freely and without any pressure from one party. If one of the parties is coerced or forced to enter into the agreement, the contract is voidable. It means that the affected party has the option to cancel the contract or proceed with it.

Types of Consent

There are two types of consent: express and implied. Express consent is given verbally or in writing, while implied consent is given through actions or conduct. In both cases, the consent must be free and voluntary.

Coercion

Coercion refers to the use of force or threat to make someone enter into a contract. The use of coercion is illegal, and any agreement entered into under coercion is voidable. An example of coercion is when a person is threatened with physical harm if they do not sign a contract.

Undue Influence

Undue influence occurs when one party has a position of power over the other and uses that power to influence the decision-making process. It could be a situation where a person in a position of authority uses that position to make someone sign a contract they would not have signed otherwise. Contracts entered into under undue influence are voidable.

Fraud

Fraud occurs when one party intentionally makes a false statement to induce the other party to enter into a contract. The false statement could be a misrepresentation of facts or a failure to disclose important information. For example, if a seller fails to disclose a defect in a product, and the buyer enters into the contract based on the false information, the contract is voidable.

Misrepresentation

Misrepresentation occurs when one party makes a false statement of fact that induces the other party to enter into a contract. Unlike fraud, misrepresentation could be unintentional. For example, if a seller mistakenly tells a buyer that a product is made in the USA when it is made in China, and the buyer enters into the contract based on that information, the contract is voidable.

Mistake

Mistake occurs when both parties enter into a contract based on a fundamental misunderstanding of the terms of the agreement. There are two types of mistakes: unilateral and mutual.

Unilateral Mistake

Unilateral mistake occurs when only one party is mistaken about the terms of the agreement. For example, if a seller mistakenly prices a product at $10 instead of $100, and the buyer agrees to purchase it at that price, the contract is voidable.

Mutual Mistake

Mutual mistake occurs when both parties are mistaken about the terms of the agreement. For example, if both parties agree to purchase a painting that they both believe to be an original Van Gogh, but it turns out to be a fake, the contract is voidable.

Duress

Duress occurs when one party uses physical or emotional force to make the other party enter into a contract. Contracts entered into under duress are voidable.

Conclusion

In conclusion, free consent is a vital element of any contract. It ensures that both parties are entering into the agreement voluntarily and without any undue influence or coercion. Any contract entered into without free consent is voidable, which means that the affected party has the option to cancel the contract or proceed with it.

It is essential to understand the different instances under which free consent can be affected, such as coercion, undue influence, fraud, misrepresentation, mistake, and duress. By being aware of these instances, parties can ensure that they are entering into a contract that is valid and enforceable.

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Explain what is Free Consent and the instances under which Free Consent in an agreement would be affected