When the Consent of a Party is Not Free, the Contract is MCQ
As per the Indian Contract Act of 1872, for a contract to be valid, it is important that both parties have given their free consent to the agreement. Consent refers to the acceptance of the proposal made by the other party. However, there are certain criteria that need to be met to ensure that the consent is ‘free’. If any of these criteria are not met, the contract is said to be ‘MCQ’ or ‘voidable’.
So, what are these criteria that need to be met for the consent to be free?
1. Consent must not be obtained by coercion:
If one party uses force or threat of force to obtain the other party’s consent, it is not considered to be free consent. For example, if a person signs a contract under duress, the contract is not valid.
2. Consent must not be obtained by undue influence:
If one party is in a position of power or authority over the other party, they may use that influence to obtain their consent. If the consent is obtained in such a situation, it is not considered to be free. For example, if a boss asks their employee to sign a new contract in exchange for a promotion, it is not considered to be free consent.
3. Consent must not be obtained by fraud:
If one party intentionally conceals or misrepresents information in order to obtain the other party’s consent, it is considered to be fraud. For example, if a seller lies about the quality of a product in order to make a sale, the buyer’s consent is not considered to be free.
4. Consent must not be given under a mistake:
If one party is mistaken about the terms of the contract, their consent is not considered to be free. For example, if a person signs a contract to purchase a house, but later finds out that the house is not in the location they thought it was, their consent is not considered to be free.
If any of these criteria are not met, the consent is not considered to be free, and the contract is MCQ or voidable. The affected party has the right to rescind the contract.
In conclusion, obtaining free consent from both parties is essential for any valid contract. It is important to ensure that the consent is not obtained by coercion, undue influence, fraud, or mistake. As a professional, it is important to keep these points in mind while creating content related to contracts and legal matters.