Section 13:
Two or more person are said
to consent when they are
agree upon the same thing in
the same sense
FREE CONSENT
VOIDABLE CONTRACT
An agreement which
gives one or more
parties but not the
other choice of either
affirming or rejecting
it.
VOID AGREEMENT
An agreement which
is not in existence
from the very
beginning.
Section 14:
Consent is said to be free when it is not caused by:
▪ Coercion – threatening with the intention of
causing any person to enter in agreement.
▪ Undue influence – one of the parties is in
position to dominate the will of the other to
obtain an unfair advantage of the other.
▪ Fraud – mere silence as to facts likely to affect
the willingness of a person to enter into a
contract is not fraud.
▪ Misrepresentation – did not cause the consent
to a contract of the party whom the fraud was
practiced.
▪ Mistake –both parties to the contract are under
a mistake as the matter of fact essential to the
agreement.
- Unilateral mistake – mistake of one party as to
matter of fact .
- Mistake of law – it was caused by a mistake
as to any law in force in Malaysia.