Consent is said to b free when it isn't caused by 1.coercion 2.undue influence 3. Fraud 4.misrepresentation nd 5.mistake
explanation to these are as follows:-
1.coercion:-coercion is the committing or threatining to commit any act forbidden by the indian penal code or the unlawful detaining or threatening to detain any property,to the prejudice of any person whatever,with the intention of causing any person to enter into an agreement.it is immeterial whether the indian penal code is or isn't in force in the place where the coercion is employed
2.undue influence:-a contract is said to b in undue influence where the relation subsisting btw the parties are such that one of the parties is in a position to dominate the will of the other nd uses that position to obtain an unfair advantage over the other.
3.fraud:-a false statement made knowingly or without belief in its truth or recklessly careless whether it b true or false is calles fraud
4.misrepresentation:-before entering into a contract the parties will make certain statements inducing the contract.such statements are called representation.a representation is a statement of fact made by one party to the other at the time of entering into contract with an intention of inducing the other party to enter into the contract.if the representation if false or misleading it is known as misrepresentation.a misrepresentation may b innocent or intentional.
5.mistake:-usually mistake refers to mis-understanding or wrong thinking or wrong belief.but legally its meaning is restricted ans is to mean''operative mistake".courts recognize only sich mistakes which invalidate the contract.mistake may b mistake of fact(either unilateral or bilateral) or mistake of law(either indian law or foreign law)
explanation to these are as follows:-
1.coercion:-coercion is the committing or threatining to commit any act forbidden by the indian penal code or the unlawful detaining or threatening to detain any property,to the prejudice of any person whatever,with the intention of causing any person to enter into an agreement.it is immeterial whether the indian penal code is or isn't in force in the place where the coercion is employed
2.undue influence:-a contract is said to b in undue influence where the relation subsisting btw the parties are such that one of the parties is in a position to dominate the will of the other nd uses that position to obtain an unfair advantage over the other.
3.fraud:-a false statement made knowingly or without belief in its truth or recklessly careless whether it b true or false is calles fraud
4.misrepresentation:-before entering into a contract the parties will make certain statements inducing the contract.such statements are called representation.a representation is a statement of fact made by one party to the other at the time of entering into contract with an intention of inducing the other party to enter into the contract.if the representation if false or misleading it is known as misrepresentation.a misrepresentation may b innocent or intentional.
5.mistake:-usually mistake refers to mis-understanding or wrong thinking or wrong belief.but legally its meaning is restricted ans is to mean''operative mistake".courts recognize only sich mistakes which invalidate the contract.mistake may b mistake of fact(either unilateral or bilateral) or mistake of law(either indian law or foreign law)
