08 Apr Agreements Without Free Consent
Paragraphs 13 and 14 of the Contracts Act define approval or free consent. The section 13 agreement must be obtained when two or more people agree to the same thing. The elements that need to be explained are also given under the Indian Contracts Act and are coercion (section 15), undue influence (section 16), fraud (section 17), incorrect presentation (section 18) or error (sections 20, 21 and 22). Under the Indian Contract Act, consent must be obtained in all situations, unless it is caused by coercion, inappropriate influence, fraud, incorrect presentation or error. These methods of obtaining consent render the agreement void on the victim`s case and may cancel the contract. However, if an error has been made in obtaining consent, the agreement is considered inconclusive. The main objective of this aspect is to be fair to both parties and to ensure that the judgment of one of the parties prior to the conclusion of the contract has not been tarnished or influenced. This doctrine contributes to the promotion of individual autonomy and contractual freedom. Consent is not considered free if it was obtained by fraud. Fraud is a misrepresentation of the facts with the intention of deceiving the other party. Fraud is proven when a misrepresentation has been made- A party whose consent was caused by fraud or misrepresentation may, if it deems it appropriate, insist that the contract be respected and placed in the position in which it would have been if the statements made had been true. In accordance with Section 14 of the Indian Contract Act of 1872, consent is deemed free if it is not granted by any of the four circumstances mentioned above, the contract is considered invalid and is applicable only to the choice of the aggrieved party (section 19 of the Indian Contracts Act,1872). The commonality between the three types is that the misrepresentation is an innocent mistake that was made without intent to deceive the party.
c) A fraudulently informs B that the estate is free of any charge. B then buys the property. The discount is mortgaged. B can either bypass the contract or insist that it be executed and that mortgage debts be repaid. To put it simply, falsely presented is a misrepresentation rendered innocent, with no intention of deceiving another person. It is a false statement that is made by a person, you think it is true. According to Section 18 of the Contracts Act, 1872 misrepresentation means a positive right that is not guaranteed by the information of the person who creates it, is not true, even if he believes. The consent obtained by a misrepresentation is invalid. The misrepresentation is twofold: if a contract is concluded without the free consent of the party, it is considered an annulable contract.
The definition of the law states that a non-contractual contract is legally applicable to the choice of one or more parties, but not to the choice of the other parties. A cancelled contract may be considered valid if it is not terminated by the aggrieved party within a reasonable period of time. In this case, the mother of an adopted son would have had an undue influence on her son to obtain approval when he reached the age of majority to ratify the acts of donation made to his daughters with respect to non-watan property, and did not make him consult his natural father. The burden of proof rests with the party whose approval was obtained by a misrepresentation and who is null and void at the victim`s request for diek, although he cannot sue the other party for damages. 3.Make a promise that was made without the intention of honouring it. If there is an agreement, but no free consent, the contract is null and void at the choice of the party whose free consent has not been given.