An agreement made without free consent is a legal concept that has been recognized in various jurisdictions across the world. Essentially, it refers to a contract that is deemed invalid because one or more parties did not fully understand the terms of the agreement or were coerced or misled into signing it.
Free consent is an essential element of a valid contract. It means that both parties must agree to the same thing in the same sense without any undue influence or coercion. Free consent is said to have been given when the contracting parties are not under any pressure, duress, undue influence, fraud, or misrepresentation.
When an agreement is made without free consent, it is legally unenforceable. The party whose consent was not free has the right to rescind or void the contract. This means that they have the right to refuse to perform their obligations under the contract, and they cannot be held liable for any damages or losses arising from non-performance.
There are several situations where an agreement may be considered to have been made without free consent. One of the most common is where one party has been coerced or threatened into signing the contract. For example, if a party is told that if they do not sign the contract, they will lose their job or face some other detrimental consequence, their consent would not be considered free.
Another situation where an agreement may be deemed to have been made without free consent is where one party is misled or deceived into signing the contract. For instance, if one party is induced to sign a contract by fraudulent misrepresentation, such as where a seller conceals a defect in a product they are selling, the contract would be void.
Furthermore, an agreement made without free consent may also occur if one party is not mentally capable of understanding the terms of the contract. For instance, if one party is intoxicated or mentally incapacitated at the time of the agreement, their consent would not be considered free.
In conclusion, an agreement made without free consent is not legally binding. It occurs when one or more parties did not fully understand the terms of the contract or were coerced or misled into signing it. As such, it is important to have a clear understanding of the terms and conditions of any contract before signing it, and to ensure that all parties are giving their consent freely and without any undue influence or coercion.