Free Consent

Sociology | Mercantile Law | International Law | International Relations

Consent is said to be free when it is not caused by:

  1. Coersion
  2. Undue influence
  3. Fraud
  4. Misrepresentation
  5. Mistake

When consent to a contract is cause by coersion, undue influence, fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was not free. The party has liberty whether he uphold the contract or reject it. If the party uphold the contract, the contract is binding on both the parties.

When contract is caused by mistake, the contract is void, because there was no consensus ad idem and hence, there is no contract.