Para 2.4 — GOODS_MANUAL

2.4 Consent of both Parties Two or more persons are said to consent when they agree upon the same thing in the same sense. When two persons dealing with each other have their minds directed to different objects or attach different meanings to the language that they use, there is no agreement. The misunderstanding, which is incompatible with the agreement, may occur in the following cases: - a) When the misunderstanding relates to the identity of the other party to the agreement, b) When it relates to the nature or terms of the transactions, c) When it relates to the subject matter of the agreement.

2.5 Free consent of both Parties 1. The consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation, or mistake. Consent is said to be so caused when it would not have been given but for the existence of coercion, undue influence, fraud, mis-representation, or mistake. When consent to an agreement is caused by coercion, undue influence, fraud or misrepresentation, the agreement is a contract void able at the option of the party whose consent was caused. A party to a contract, whose consent was caused by fraud or misrepresentation may, if he thinks fit, insist that the contract shall be performed, and that he shall be put in the position in which he would have been if the representations made had been true. 2. In case consent to an agreement has been given under a mistake, the position is slightly different. When both the parties to an agreement are under a mistake as to a matter essential to the agreement, the agreement is not voidable but void. When the mistake is unilateral on the part of one party only, the agreement is not void. 3. Distinction has also to be drawn between a mistake off act and a mistake of law. A contract is not void because it was caused by a mistake as to any law in force in India but a mistake as to law not in force in India has the same effect as a mistake of fact.