Free Consent and Void Agreement

Question 1

When consent is not free

Answer 1

Consent is not free when there is:
1- Coercion
2- undue influence
3- Misrepresentation
4- Fraud
5- Mistake

Effect: voidable

Question 2

Definition of Coercion

Answer 2

• committing an act forbidden by law
• Unlawful detaining
• To make contract

Question 3

Effects of Coercion

Answer 3

• Voidable
• If rescinded, restore benefits
• Burden of proof - who rescinds

Note: party exercising coercion may be stranger or relative.