Free consent consensus ad idem english law
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Free Consent Consensus ad idem( English law) PowerPoint PPT Presentation


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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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Free consent consensus ad idem english law

Free ConsentConsensus 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

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

  • Coercion

  • Undue influence

  • Fraud

  • Misrepresentation

  • Mistake

Voidable

Void


Coercion

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


Duress

Duress

  • Coercion in English law

  • Difference

  • Coercion may be directed even against third party

  • Coercion can be against life or property


Undue influence

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


Fraud

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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