Week 7-8 Free Consent of the Parties

FREE COSENT Consent means to agree to something. Free consent means to agree without coercion without being forced or threatened. It is essential to the creation of a contract that both parties agree to the same thing in the same sense. When two or more persons agree upon same thing , they are said to consent. Example:- 1) A agrees to sell his Fiat car 1983 model for rupees 80000. B agrees to buy the same .there is a valid contract since A and B have consented to the same subject matter. 2) A, who owns three Fiat cars, offers to sell one, say “car x”, to B for rupees 90000 . B agrees to buy the car for price thinking that A is selling “car Y”. There is no consent and hence no contract . A and B have agreed not to the same thing but to different things. WHEN IS CONSENT SAID TO BE FREE? For consent to be free, you must be old enough to consent. The age of consent varies according to country, state, and type of contract. Second, in order for consent to be free, you must not be coerced, or forced. And you must not be drunk or drugged or otherwise in a state of body or mind which affects your decision-making ability.