Author: Utsav Pandey, Student of Law at Babu Banarasi Das University, Lucknow
INTRODUCTION
When entering into a legally binding agreements, the law demands that all participating parties provide their consent freely and voluntarily. This requirement ensures that consent is not obtained through undue influence, coercion, or misrepresentation. If consent is not freely given, the agreements may be deemed voidable, meaning it can be challenged or overturned in court.
The concept of free consent is crucial in contract law to provide individuals from being taken advantage of or pressure into agreements that they do not genuinely want to enter into. Consent must be informed, meaning that all parties must have a clear understanding of the term and condition of the agreement. Any ambiguity or lack of clarity can lead to misunderstanding and potential disputes.
To ensure free consent, the law required that there be no undue influence or coercion present during negotiation and signing of an agreements. Undue influence occurs when other parties have dominant position over the other and uses power to manipulate or pressure them into agreeing to term that are not in the best interests Coercion, on the other hand, involves the uses of thread intimidations to compel someone to enter in an Agreements against their well.
Additionally, misrepresentation and fraud can also invalidate consent. If one party knowingly provides false or misleading information to indue another party to enter in an Agreement, that consent is not considered to be freely given. The misrepresentation can be either intentional or unintentional, but it must be material to the decision- making process for the agreements to be voidable.
