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Free Consent Consensus ad idem( English law)

Free Consent Consensus ad idem( English law). Identity of mind Consent should be real and free. Consent is not said to be free when it is caused by. Coercion Undue influence Fraud Misrepresentation Mistake. Voidable. Void. Coercion. Meaning – threat or force used by one party

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Free Consent Consensus ad idem( English law)

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  1. Free ConsentConsensus ad idem( English law) Identity of mind Consent should be real and free

  2. Consent is not said to be free when it is caused by • Coercion • Undue influence • Fraud • Misrepresentation • Mistake Voidable Void

  3. Coercion Meaning – threat or force used by one party Case-Ranganayakamma Vs. Alwar(13 year old girl case) Effect- Voidable If money included then have to return Burden to proof- who want to set aside the contract on plea of coercion

  4. Duress • Coercion in English law • Difference • Coercion may be directed even against third party • Coercion can be against life or property

  5. Undue influence Essential -Parties should be in relation to influence -One Party should be in dominating position • Unfair advantage of position Effect- Voidable Suspicion of undue influence Inadequate consideration

  6. Fraud Meaning :Act committed to deceive another party e.g. False suggestion in spite of known fact Concealment of fact Promise without intention of Performing Effect : Voidable

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