Question

Principle : An agreement without free consent can be enforced only at the option of the party whose consent was not free.
Facts : A obtains the consent of 'B' to enter into an agreement by putting a gun on the head of B's girl friend.

• A. 'B' can enforce the agreement.
• B. 'A' can enforce the agreement.
• C. 'B' cannot enforce the agreement.
• D. Neither 'A' nor 'B' can enforce the agreement.

Answer 1

Answer: (A)

'B' can enforce the agreement.

For the free consent under section 14 of the Indian Contract Act, when it is not caused by
i. Coercion as under section 15
ii. Under influences as Section 16
iii. Fraud as defines Section 17
iv. Misrepresentation as defines Section 18
v. Mistake subject to provision of Section 20,21 & 22
The reasonable conclusion drawn that as the consent B is not free, B can enforce the agreement.