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 · 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 · Misrepresentation. A false statement of fact inducing the contract; innocent, negligent or fraudulent; voidable.
3 · Fraud (dolus). Deliberate deception; voidable plus damages.
4 · Mistake. Common, mutual (Raffles v Wichelhaus) or unilateral; fundamental mistake can make the contract void.
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 · Remedies. Rescission, damages, refusal to perform; limits on rescission.
7 · In Sri Lankan business. A buyer misled about a used vehicle's accident history may rescind.
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.