Document Fragment View

Matching Fragments

""Consent" defined - Two or more persons are said to consent when they agree upon the same thing in the same sense. Section 14 defines free consent as follows :
""Free consent" defined - Consent is said to be free when it is not caused by :
(1) coercion, as defined in Section 15, or (2) undue influence, as defined in Section 16, or (3) fraud, as defined in Section 17, or (4) misrepresentation, as defined in Section 18, or (5) mistake, subject the provisions of Sections 20, 21 and 22.

Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake."

Therefore, if a person has given free consent to a particular transaction be cannot turn out and challenge the documents unless he is able to satisfy the requirement of the provisions mentioned in section of the Contract Act. The respondent Union of India exercised coercion on him. It is also not the case of the contractor that the Union of India exercised 'undue influence'. Section 17 of the Contract Act defines fraud in the following terms :

""Fraud" defined - "Fraud" means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract :
(1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true : (2) the active concealment of a fact by one having knowledge or belief of the fact;
(3) a promise made without any intention of performing it;