In one line
Consent exists when parties agree on the same thing in the same sense, and it is free only when no listed factor caused it.
After this note, you should be able to
- Separate absence of consent from absence of free consent.
- Identify the factor that actually caused consent.
- State whether the agreement is void or voidable.
Consent and free consent
Section 13 asks whether minds met. Section 14 asks whether that consent was freely produced.
- Consensus ad idem
- The parties must agree upon the same thing in the same sense.
- Causation
- Coercion, undue influence, fraud, misrepresentation or mistake must have caused the consent in the manner recognized by law.
- Evidence
- Look at the relationship, statements, documents, pressure, knowledge and conduct before and after formation.
Use the correct legal effect
Defective consent does not produce one universal result.
- Voidable
- Coercion, fraud and misrepresentation ordinarily make the contract voidable under Section 19. Undue influence is governed by Section 19A.
- Void
- A bilateral mistake about an essential fact makes the agreement void under Section 20.
- Generally valid
- Mistake of Indian law and a unilateral mistake of fact ordinarily do not invalidate the contract under Sections 21 and 22.
Work through the facts
Illustration
Facts
A sells a painting to B. Both use the same catalogue number, but A means the original painting while B means a replica stored elsewhere.
Likely result
The facts may show no agreement on the same thing in the same sense, or a bilateral mistake as to an essential fact. The agreement may therefore be void.
What to learn
First ask whether consent existed. Only then ask whether existing consent was free.
Cases with a purpose
Landmark judgments
Learn the rule and where to use it. A case name without its legal function adds very little to an answer.
Raffles v. Wichelhaus
Further reading(1864) 2 H&C 906
Principle: Latent ambiguity about which ship named Peerless was intended prevented a true meeting of minds.
Use in an answer: Use it where identical words conceal materially different understandings.
Ningawwa v. Byrappa
Further readingAIR 1968 SC 956
Principle: Fraud as to a transaction generally makes it voidable, while deception about the very character of a document may prevent real consent and make it void.
Use in an answer: Use it to distinguish defective consent from a case where the mind never accompanied the act.
Read primary judgmentFor a 10-mark answer
Answer structure
- State Sections 13 and 14.
- Identify the exact vitiating factor and prove causation.
- Apply its statutory elements.
- State void, voidable or valid and identify the available election.
Common mistakes
- Calling every defective agreement void.
- Listing all five factors without choosing the one raised by the facts.
- Ignoring whether the factor caused consent.
Before you close the tab
Quick revision
- Consent means agreement on the same thing in the same sense.
- Free consent is a separate inquiry.
- Coercion, fraud, misrepresentation and undue influence usually create voidability.
- Bilateral essential mistake creates a void agreement.
Test yourself
- What is consensus ad idem?
- Which defective consent rules make a contract voidable?
- When can a mistake make an agreement void?
Short answers
Frequently asked questions
Are consent and free consent the same?
No. Section 13 asks whether the parties agreed on the same thing in the same sense. Section 14 asks whether that consent was caused by a legally recognized vitiating factor.
Does defective consent always make an agreement void?
No. The result depends on the defect. Most pressure and deception cases are voidable, while bilateral mistake about an essential fact makes the agreement void.
Primary sources
This is an educational study note. Always read the bare provision and the full judgment before relying on a proposition in research or practice.