Free Consent, Factors Vitiating Free Consent under Indian Contract Act
Free Consent, Factors Vitiating Free Consent Q. 8. (a) Explain the term 'free consent'. What factors vitiate the consent given by a person? Give examples. Or What do you understand by consent? The parties must be aged for a valid contract. When is consent said to be not free? Discuss. Ans. Consent-Section 13 of the Contract Act defines the term "consent". It provides : "Two or more persons are said to consent when they agree to the same thing in the same sense". The parties must agree to the same thing in the same sense; only then the parties are said to consent. Where the parties have different things in mind or understand the same things in different ways, there is no real consent. For example, two parties may enter into an apparent contract regarding a particular person or ship misled by the similarity of names. In such a case, there is no contract. On the other hand, if the parties agree to the same thing in the same sense a mere v