Free Consent

What Does Free Consent Mean?

Free consent occurs when both parties knowingly and willingly enter into a contract of their own volition, fully agreeing to its terms and conditions with a mutual understanding of the subject matter.

For a contract to be valid and enforceable, this agreement must be obtained without any form of coercion, undue influence, fraud, misrepresentation, or pressure. Additionally, the contract must be free from errors or misrepresentation by either party. If consent is obtained through any of these means, the contract is deemed void and unenforceable under the law.

Insuranceopedia Explains Free Consent

In insurance contracts, even if a policyholder agrees to the terms in the same sense as the insurer, the contract is not valid if they did not provide free consent at the time of signing.

For instance, if a person is coerced by a family member, who is the named beneficiary, into signing a life insurance contract, the policy would be invalid as the individual did not enter into the agreement voluntarily. In such cases, the contract is considered voidable. A valid contract can only be formed when free consent is obtained from all parties, regardless of the underlying cause or circumstances.