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Parliamentary Democracy

A consent is ...

Question

A consent is said to be free when it is not caused by:

A

Coercion

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B

Undue influence

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C

Fraud and misrepresentation

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D

Any of the above

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Solution

The correct option is A Undue influence
Free Consent means the absence of any kind of coercion, undue influence, fraud, misrepresentation or mistake. When the consent which is given is affected by these elements it calls into question whether the consent given was free and voluntary.

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Q. Principle: Two or more persons are said to consent if they agree upon the same thing in the same sense. Consent is said to be free when it is not caused by coercion, on undue influence, or fraud, or misrepresentation, or mistake.
When consent to an agreement is caused by coercion, undue influence, fraud or misrepresentation, the agreement is a contract voidable (rescindable or terminable) at the option of the party whose consent was so caused. However, when consent to an agreement is caused by mistake as to a matter of fact essential to the agreement, the agreement is void.
Fact: 'X' threatens to gun down 'Y' if he ('Y') does not sell his property worth

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R s . 100000

only. As a consequence, 'Y' agrees to sell it as demanded by 'X'.
Which of the following derivations is correct?

Q. A consent is said to be free when it is not caused by ___________.

Q. Given below is a statement of legal principle followed by factual situation. Apply the principle to the facts and select the most appropriate answer.
Principle: An agreement becomes a contract when it is entered into between two or more people with each other's free consent. Two or more people are said to consent when they agree to the same thing in the same sence. Consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation or mistake.
A went to a doctor to get himself treated. The doctor asked him to sign a "consent form" and said that unless he signs it, he will not examine him. A signed the form waiving his right to sue the doctor.

Q. When consent to an agreement is caused by undue influence, the contract is _____________.

Q. Where the consent of a party is obtained by misrepresentation, the contract is _______________.

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