Free consent is one of the most important essential elements of a valid contract. The term free consent refers to meeting of free and fresh minds of two parties of an agreement when two parties take and understand, purpose, subject matter and terms and conditions of the agreement in the same sense it is free consent.
Sec-13 of the Indian Contract act states: “Two or more persons are said to consent when they agree upon the same thing in the same sense”. One of the essential element of the contract is consent and there cannot be a contract without consent. Consent may be free or not free only free consent is necessary for the validity of a contract.
When a contract is made without coercion, fraud, undue influence, misrepresentation or mistake is called as free consent. One of the essential element of a contract is consent and there cannot be a contract without consent. Consent may be free or not free. Only free consent is necessary for the validity of contract. In the case of fundamental error, there is really no consent whereas, in the case of mistake, there is no real consent.
Example: Mr. X entering into a contract with Mr. Y for sale of his house at his free will is an example of a free consent. The consent is not said to be free if it has been obtained by coercion (physical or mental pressure or threat), undue influence (moral pressure, emotional blackmail), fraud (knowingly stating false facts), misrepresentation (unknowingly stating false facts) or mistake of facts. For example, if Mr. A threatens Mr. B regarding his life or hurting his dear ones, if he does not sell his property to Mr. A, then his consent to the contract would be under coercion and not free.