What characterizes free consent in a contract?

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Free consent in a contract is characterized by an agreement made without coercion. This means that all parties involved must genuinely agree to the terms of the contract of their own volition and without undue influence, threats, or manipulation. When consent is freely given, it reflects the true intentions of the parties, which is a fundamental principle in contract law.

In the context of contracts, coercion refers to behavior that forces one party to consent to the agreement against their will, often involving threats or intimidation. A contract that lacks free consent due to coercion may be deemed voidable; one of the parties could choose to rescind the contract because they did not genuinely agree.

Options that suggest agreement under pressure, an undisclosed fee, or misinformation indicate circumstances that compromise the integrity of consent. These scenarios disrupt the foundation of mutual consent necessary for a valid contract and could lead to disputes or claims of misrepresentation. As such, they fall short of the requirement for free consent, reinforcing that the best characterization of it is an agreement made without coercion.

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