Introduction:
Two or more person are said to consent when they agree upon the same thing in the same sense. It means that there is no contract if the parties have not agreed upon the same thing in the same sense.
Absence of a contract may arise from a number of causes, namely
1) by reason of an error as to the nature of the contract itself
2) by reason of an error as to the identity of the party with whom all the cases
there is no contract at all because in the law of contract consensus ad idem is a condition essential to the formation of a contract.
It is essential to the creation of a contract that both parties should agree to the same thing in the same sense. In such situations, a person who ha made an agreement should not be held responsible to it, because his consent is not real.
Definition:
According to section 10 free Consent of all the parties to an agreement is one of the essential elements of a valid contract. Contract Act, defines the term Consent as “Two or more persons are said to consent when they agree upon the same thing in the same sense.”
Contract Act lays down that consent is said to be free when it is not caused by coercion undue influence fraud misrepresentation, or mistake.
In other words when the consent is obtained by coercion, undue influence misrepresentation or fraud thee is no free consent, and the contract is voidable at the option of the party whose consent was not free.
The various reasons, which make consent un-free, are discussed one by one in detail.
Coersion:
In simple words, coercion is the threat used by one party against another for compelling him to enter an agreement. Section 15 of the Indian Contract Act defines coercion as the committing or threatening to commit any act forbidden by Indian Penal Code or an unlawful detaining or threatening to detain, any property of any person with the intention of inducing any person to enter into an agreement. It is immaterial whether the Indian Penal Code is or not in force in the place where the corecion is employed.
Coercion is said to have been employed when a person was forced to enter into a contract by use or under the threat of use of physical force by the other person committing or threatening to commit any act forbidden by Indian Penal Code.
It is important to note the intention o the person using the coercion and against whom it is used.
Coercion is said to have been employed when a person was forced to enter into a contract by use or under the threat of use of physical force by the other person committing or threatening to commit any act forbidden by Indian Penal Code.
It is important to note the intention o the person using the coercion and against whom it is used.
Burden of Proof:
The burden of proof that coercion was used lies on the party who to set aside the contract on the ground of coercion.