What type of agreement lacks free consent?

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An agreement made under undue influence lacks free consent because it occurs when one party exerts significant pressure or influence over another party, compromising their ability to make an independent and voluntary choice. In such cases, the party being influenced may not enter the agreement willingly or with full understanding, as their free will is undermined by the dominating influence of the other party. This compromise on autonomy and decision-making means that the consent provided is not truly free or informed.

In contrast, an agreement with transparent conditions typically implies clarity and mutual understanding, which fosters informed consent. An agreement with full disclosure involves openness regarding relevant information, allowing parties to make well-informed decisions. An agreement based on mutual benefit generally suggests that both parties are acknowledging and agreeing to the terms that favor them equally, again leading towards a scenario where consent is likely to be free and informed. Thus, undue influence distinctly identifies itself as the condition where consent is not freely given.

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