THE IMPORTANCE OF CONSENT IN CONTRACT

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Under the Indian Laws, all agreements are contracts provided it is made by the free consent of parties competent to contract for a lawful consideration and with a lawful object. Any agreement entered into by a party without free consent would be void.

In order to constitute a valid contract both parties to a contract must willingly consent to the terms and conditions of the contract in order to  make the contract valid and legally binding.

Consent has been defined under the Indian Contract Act as two or more persons are said to consent when they agree upon the same thing in the same sense.

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

  • Coercion
  • Undue influence
  • Fraud
  • Misrepresentation
  • Mistake

Any agreement that does not have free consent as defined aforesaid will be invalid and unenforceable.

Coercion would mean the committing or threatening to commit any illegal act or the unlawful detaining or threatening or threatening to detain any property to the prejudice of the person who is entering into the agreement.

Undue influence would be whether relations between the parties as such that one of the parties is in a position to dominate or prevail over the other and uses that position to take unfair advantage of the other.

Fraud means and includes a suggestion by one party to the other of the fact which the first party knows is not true or the active concealment of a fact by one person in order to use it for his advantage. It can also be a promise that has been made without the intention of performing it or with the intention to deceive the other party.

Misrepresentation means that a positive assertion of a material fact in a manner by the person making it though he knows is not true in order to take advantage. It could also mean causing the other party to make a mistake as to the substance of the subject of the agreement.

A party to a contract whose consent was caused by misrepresentation, may if he thinks fit, insist that the contract shall be performed and that he shall be placed in a position which he would have been placed had the representations be true.

 

 

Sushila Ram Varma

Chief Legal Consultant

The Indian Lawyer

BASIC LEGAL KNOWLEDGE IS NECESSARY FOR EVERYONE

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It is widely believed that legal education is necessary only for one who wants to pursue law as a profession. But that is not true. Basic legal education is very important for all in their daily lives. Basic knowledge of law will help one to understand and tackle several problems, from consumer protection to fundamental rights. Knowledge of law informs you of your rights and your responsibilities towards society.

Information about the law enables one to reason out in an adverse situation. For an instance, a person who is caught by a police constable without cause and is threatened arrest will plead with the policeman not to arrest him as he has done nothing wrong. But if he has a little legal knowledge that he cannot be arrested without any warrant, he would behave differently instead of pleading.

Below are some basic laws that everyone must be aware of:

  1. While buying an immovable property (flat or land)-

A legal search of the property must be done. This is important because supposedly, if one bought a house without public notice or inspection, and it turned out that the owner did not have a clear title, it will obviously create legal problems.

  1. Cheque Bouncing-

Cheque bouncing has now become a serious offence. The moment a cheque bounces with the endorsement “insufficient Funds”, one should go to a lawyer and send the person a legal notice demanding his money. This has to be done within 30 days of the cheque having bounced. On receiving the notice the cheque issuer is required by law to pay the money within 15 days.

  1. Registration of documents-

Registration of all legal agreements related to immovable property worth more than Rs. 100/- is compulsory. These include Lease Agreements, Sale Deeds, Gift Deeds, etc.

  1. Police complaints-

While making police complaints, one should always take help from a lawyer. This is necessary because if the complaint ends up in court, the police complaint serves as an important piece of evidence.

  1. Limitation-

There is a limitation period for filing every civil and criminal case which one has to be aware of. Failure to adhere to the limitation period can result in a person’s losing his legal right to sue permanently.

 

Sanchayeeta Das

Associate

The Indian Lawyer