What is required for consent to be deemed valid in a contract?

For consent to be deemed valid in a contract, it is essential that the consent is given freely. This means that both parties must agree to the terms of the contract without any coercion, undue influence, misrepresentation, or fraud. Free consent is a foundational element of contract law, as it ensures that each party enters into the agreement willingly and understands the implications of their agreement.

When consent is not given freely, it can lead to the contract being voidable at the option of the aggrieved party. This principle underlines the importance of mutual respect and transparency in contractual agreements, promoting fairness in dealings.

The other options, while they might have their own contexts in contract law, do not encapsulate the fundamental requirement for valid consent. For instance, the need for documentation in writing is not always necessary for the validity of a contract, as oral contracts can also be valid unless specified otherwise by statute. Similarly, assuming consent does not equate to the reality of free agreement, and the requirement for a witness or third party is not universally applicable to all contracts, especially in private agreements. Hence, ensuring that consent is given freely is the primary requirement for its validity in contract formation.