Free Consent - Business Law (BBS 2nd Year)

 Free Consent 

Define free consent:

Consent means agree to do something. Two or more parties are said to  consent when they agree upon the same thing in the same sense. It is the meeting of mind. The agreement without any control is ‘free consent’. Only meeting of minds are not sufficient  to be the contract whether there must be the real and free consent of the parties. It is obtained by free and pure will of the parties from their own accord, consent is said to be free when it is not caused by coercion, fraud, undue influence, misrepresentation and mistake. If there is no free consent then there will not be any contract, so it is created for the sake of due and lawful consideration, not to lose anything. Free consent provides meeting of minds, enforce ability and legal remedy for the contracting parties on their agreement.

Define  Coercion:

Coercion is the act of forcing or threatening someone to do something against law. It is a threat  or force used by one party against another for compelling to enter into an agreement. In such condition the consent is not free. NCA states that " When somebody has detained or threatened to detain property or has threatened to commit  any act forbidden by the law for causing any person to enter into contract against his will, the person is said to have caused coercion." If A compels B to enter into an agreement by causing harm or treating to commit harm as against the life and property  of B or his persons or third person. The contract between A and B is caused by coercion.