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    Question

    Which of the following is NOT enumerated as a factor

    that vitiates "free consent" under Section 14of the Indian Contract Act, 1872? 
    A Coercion as defined in Section 15 Correct Answer Incorrect Answer
    B Undue influence as defined in Section 16 Correct Answer Incorrect Answer
    C Fraud as defined in Section 17 Correct Answer Incorrect Answer
    D Inadvertence or lack of business acumen by one party Correct Answer Incorrect Answer
    E Mistake subject to provisions of Sections 20, 21, and 22 Correct Answer Incorrect Answer

    Solution

    Section 14 defines "free consent" as consent not caused by: (1) coercion (Section 15); (2) undue influence (Section 16); (3) fraud (Section 17); (4) misrepresentation (Section 18); or (5) mistake (Sections 20-22). Notably, mere inadvertence, lack of business acumen, or poor judgment on the part of a party does not vitiate consent. The law assumes that parties are capable of looking after their own interests and will not be protected from unequal bargains based merely on lack of understanding or poor decision-making. In Suraj Mal v. Gian Dyal (AIR 1963 Delhi 309), the court held that merely because one party was ignorant or careless in entering into a contract does not render the consent non-free, provided there was no fraudulent or unlawful inducement.

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