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Which statement correctly reflects the consent requirements of Sections 10, 13 and 14 of the Indian Contract Act, 1872?

Question and options

Which statement correctly reflects the consent requirements of Sections 10, 13 and 14 of the Indian Contract Act, 1872?

  1. Agreement on the same thing in the same sense is enough, even if consent is not free

  2. Agreement on the same thing in the same sense is consent, which must also be free

  3. Consent is free if it is not caused by coercion, even when it is induced by fraud

  4. Consent caused by coercion or fraud is no consent, so the agreement is always void

Answer and explanation

Correct answer: B - Agreement on the same thing in the same sense is consent, which must also be free

Section 13 defines consent as agreement upon the same thing in the same sense, and Section 10 requires the free consent of the parties for an agreement to be a contract. Under Section 14, consent caused by coercion, undue influence, fraud, misrepresentation or mistake is not free. Such consent is still consent, so the contract is generally voidable under Sections 19 and 19A rather than void.

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