Indian Contracts: Role of Free Consent and Factors Responsible for Vitiating Consent

Free consent is one of the essential elements of valid contract. Parties to a contract may agree upon the same thing in the same sense, and along with the same; consent received must be free from any compulsion or pressure. If the consent of one of the parties is not free consent, i.e., it has been caused by one or other of the above stated factors the contract is not a valid one. When consent to an agreement is caused by fraud, coercion, misrepresentation or undue influence, the agreement is a contract voidable at the option of the party whose consent was so caused. If, however, the consent is caused by mistake the agreement is void. Such a contract where the consent of a party or parties to the contract is caused by any of the elements as mentioned such as Fraud, Misrepresentation, Coercion or Undue Influence shall be called a Voidable Contract and shall be enforceable only by the option of the aggrieved party or parties and not at the option of the other or others.