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Contractual capacity and free consent sheet
Essay frame

What is free consent? Explain the factors that affect free consent.

How to lay out the answer. Follow the frame, then write it in your own words.

  1. 1 · Open in two lines. Consent is free when given willingly and knowingly. If it is not free, the contract is voidable or, for fundamental mistake, void.
  2. 2 · Misrepresentation. A false statement of fact inducing the contract; innocent, negligent or fraudulent; voidable.
  3. 3 · Fraud (dolus). Deliberate deception; voidable plus damages.
  4. 4 · Mistake. Common, mutual (Raffles v Wichelhaus) or unilateral; fundamental mistake can make the contract void.
  5. 5 · Duress and undue influence.
    • Duress (metus): threats of unlawful harm causing fear.
    • Undue influence: unfair use of a position of trust or power.
  6. 6 · Remedies. Rescission, damages, refusal to perform; limits on rescission.
  7. 7 · In Sri Lankan business. A buyer misled about a used vehicle's accident history may rescind.
  8. 8 · Close in one line. Free consent protects fairness; without it the law lets the victim escape the bargain.

Scoring tip: A four-column table (factor, meaning, effect, example) is quick and scores well.