1. Free Consent
Law of contract

2. Section 10(1) of the Contract Act 1950
‘ All agreements are contracts if they are made by the free consent of parties competent to contract for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void’

3. Consent is said to be free when it is not caused by:
Section 15,16,17, 18,21,22,23

4. S15: COERCION
Is the committing, or threatening to commit any forbidden by the Penal Code, or the unlawful detaining or threatening to detain , any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement

5. Definition of coercion
Limited to an unlawful act done ‘with the intention of causing the person to enter into an agreement’

6. Case Kesarmal s/o Lechman Das v Valiappa Chettiar
Provides that when consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused

7. S16 Undue Influence

8. S16(1) of the Contract Act 1950
Where the relations subsisting between the parties
Are such that one of the parties is in a position to dominate the will of the other
And uses that position to obtain an unfair advantage over the other

9. S(16)(2)(a) of the Contract Act 1950
Where he holds a real authority or
Holds a apparent authority or
Where he stands in a fiduciary relation to the other

10. S(16)(2)(b) of the Contract Act 1950
Where he makes a contract with a person who mental capacity is temporarily or permanently affected by reason of age or
Mental or bodily distress

11. S20 of the Contract Act
When consent to an agreement is caused by undue influence
The agreement is a contract voidable
At the option of the party whose consent was so caused

12. Inche Noriah v Shaik Allie bin Omar
Case Study
Salwath Haneem
v Hadjee Abdullah
Inche Noriah v Shaik Allie bin Omar