Free consent

Advocate By LEAD INDIA Answered: 15 Jul 2022

Voidability of agreements with out free consent.—while consent to an agreement is because of coercion,fraud or misrepresentation, the agreement is a contract voidable at the choice of the party whose consent turned into so caused. —when consent to an agreement is due to coercion, fraud or misrepresentation, the agreement is a contract voidable at the choice of the party whose consent was so induced."

A party to contract, whose consent turned into caused by fraud or misrepresentation, may also, if he thinks fit, insist that the agreement shall be carried out, and that he will be positioned within the position in which he might have been if the representations made were real.

Underneath section 19 of ICA, 1872 If consent in a agreement is induced via fraud, then the said contract can be voidable at the option of the aggrieved party. section 64 of ICA, 1872 states that once the aggrieved party, whose consent became precipitated through fraud rescinds or cancels the contract then the other party has no obligation to carry out the contract.

The party, if benefited or obtained some thing from the alternative party can restore such aantage in order to placed them again to the original place. section 65 of ICA, 1872 deals with the doctrine of restitution, which comes into play while the agreement is found to be void after a while and does not follow to void-ab-initio. It states that the positive party has the duty to compensate or repair the loss that happened to the opposite party of the contract.