Significance Of Consent In Contracts In India

Aashna Punjabi, B.A.LL.B. (Hons.), NMIMS, Mumbai

ABSTRACT

A contract must have free consent to be legal. section-101. The Indian Contract Act of 1872 says that for a contract to be valid, both parties must freely agree to it. In the same way, section 13 of the Contract Act of 1872 talks about real consent.2 It says that both parties have to agree to the same thing in the same way for a contract to be free. i.e. consensus ad idem. Sometimes, one party may not have given its consent freely. This could be because of a lie, being under the influence of something, or a mistake about the facts. So, any contract made when these things are present is not a good contract in the eyes of the law, and the party whose consent was taken can get out of it if they want to. Consent in contracts is a very essential part and so is the foundation of any contract. This research paper explores the concept of free consent in contracts in India, examining its legal, ethical, and social implications. It reviews the various forms of contractual misconduct that can undermine free consent. It considers the challenges that arise in practice, such as the difficulties of assessing consent in the absence of clear and consistent legal standards, and the impact of power imbalances in contractual relationships.3It concludes that a comprehensive and multidisciplinary approach is necessary to fully understand the complexities of free consent in contracts in India, and to identify effective strategies for ensuring that contracts are entered into freely and voluntarily, and that their terms are respected and enforced in a fair and equitable manner.

Keywords: consent, free consent, essential, Section 13, Indian Contract Act 1872, imbalances, voluntary, unethical