Free Consent
“CONSENT” DEFINED
According to Section 13, “two or more persons are said to be consented when they agree upon the same thing in the same sense.” (Consensus-ad-idem)
“FREE CONSENT” DEFINED
Under Section 14, Consent is said to be free when it is not caused by
1. coercion, as defined in section 15, or 2. undue influence, as defined in section 16, or 3. fraud, as defined in section 17, or 4. misrepresentation, as defined in section 18, or 5. mistake, subject to the provisions of sections 20, 21 and 22.
ELEMENTS VITIATING FREE CONSENT 1. COERCION (SECTION 15)
“Coercion” is the committing, or threatening to commit, any act forbidden by the Pakistan Penal Code, or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement.
Illustration
* A threatens to shoot B, if B does not agree to sell his property to A at a stated price. B's consent in this case has been obtained by coercion.
* A, on board an English ship on the high seas, causes B, to enter into an agreement by an act amounting to criminal intimidation under the Pakistan Penal Code. A afterwards sues B for breach of contract at Karachi. A has employed coercion.
2. UNDUE INFLUENCE (SECTION 16)
According to Section 16 - A contract is said to be induced by undue influence where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of other and uses the position to obtain unfair advantage over the other.
Illustration
A's son has forged B's name to a promissory note. B, under threat of prosecuting A's son, obtains a bond from A for the amount of the forged note. If B sues on this bond, the Court may set the bond aside.
Effects of Undue Influence
a. When consent to an agreement is caused by undue influence, the agreement is a contract voidable at the option of the party whose
According to Section 13, “two or more persons are said to be consented when they agree upon the same thing in the same sense.” (Consensus-ad-idem)
“FREE CONSENT” DEFINED
Under Section 14, Consent is said to be free when it is not caused by
1. coercion, as defined in section 15, or 2. undue influence, as defined in section 16, or 3. fraud, as defined in section 17, or 4. misrepresentation, as defined in section 18, or 5. mistake, subject to the provisions of sections 20, 21 and 22.
ELEMENTS VITIATING FREE CONSENT 1. COERCION (SECTION 15)
“Coercion” is the committing, or threatening to commit, any act forbidden by the Pakistan Penal Code, or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement.
Illustration
* A threatens to shoot B, if B does not agree to sell his property to A at a stated price. B's consent in this case has been obtained by coercion.
* A, on board an English ship on the high seas, causes B, to enter into an agreement by an act amounting to criminal intimidation under the Pakistan Penal Code. A afterwards sues B for breach of contract at Karachi. A has employed coercion.
2. UNDUE INFLUENCE (SECTION 16)
According to Section 16 - A contract is said to be induced by undue influence where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of other and uses the position to obtain unfair advantage over the other.
Illustration
A's son has forged B's name to a promissory note. B, under threat of prosecuting A's son, obtains a bond from A for the amount of the forged note. If B sues on this bond, the Court may set the bond aside.
Effects of Undue Influence
a. When consent to an agreement is caused by undue influence, the agreement is a contract voidable at the option of the party whose