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A contract, which is formed without the free consent of the parties, is
Void ab initio
Void
Illegal
Voidable at the instance of the party whose consent was not free.
Section 10 of the Indian Contract Act lays down that free consent is an essential requirement of contract. For a valid contract, it is essential that both the parties should have agreed to all st4ulation in the contract with their own free will Contract not entered in to by free will is not void but voidable at the option of the party whose consent has been obtained by undue means like coercion, fraud, misrepresentation etc. (Section 19) Further when consent to an agreement is caused by undue influence, the agreement is a contract voidable at the option of the party whose. consent was so caused. However if consent is caused by mistake, the agreement is void. In the case of Central Bank of India v United Industrial bank, it was held that:
(i) Absence of consent would make a contract void
(ii) Consent which is not free would render a contract voidable.
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