Free Consent
Consent
It is an act of assenting to the offer.
Section 2(c) of NCA-2056 ‘Consent’ means the consent given by the person to whom a proposal has been presented in the same meaning of that offer.
Thus to be a valid consent there should be two elements
v Consensus ad idem – consent on same thing
v Meeting of mind – meeting of same mind
Free Consent
Consent is said to be free where there is absence of
“It is an essential element to form a valid contract”
Consequences
What happens if there is no consent itself in the contract?
Ans. Contract is void
What happens if there is consent in contract but that is not free or there is no free consent in contract?
Ans. Contract became voidable.
Importance of free consent
1. To respect the contractual independency of the parties to the contract.
2. To promote the reasonable transaction
3. To respect the intent of the parties.
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