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Introduction

The contract, to be valid must contain some ingredients. One of the most important element is the free consent of parties. The contract is the agreement between two or more persons. So there must be meeting of minds in similar manner. So the meeting must be voluntary. It must be free from any compulsion or pressure. A contract without free consent is not proper.
Section 13 of the Indian Contract Act, 1872 says that when two or more persons agree upon the same thing in the same sense, there is consent. Consent can be express and implied
Section 14 of the Act goes on saying what is free consent. There are different elements the presence of which will compel someone to enter into a contract. So if those elements are present the contract is not formed by free consent. Those elements are as follows:
a) Coercion
b) Undue influence
c) Fraud
d) Misrepresentation
e) Mistake of fact
 
Free Consent
According to Section 13, " two or more persons are said to be consented when they agree upon the same thing in the same sense (Consensus-ad-idem).
A consent is said to be free when it not caused by coercion or undue influence or fraud or misrepresentation or mistake.
Elements vitiating free Consent
1. Coercion(Section 15): "Coercion" is the committing, or threatening to commit, any act forbidden by the Indian Penal Code under(45,1860), 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.
2. Undue influence (Section 16): "Where a person who is in a position to dominate the will of another enters into a contract with him and the transaction appears on the face of it, or on the evidence, to be unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in the position to dominate the will of the other."
3. Fraud (Section 17): "Fraud" means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto of his agent, or to induce him to enter into the contract.
4. Misrepresentation (Section 18):“causing, however innocently, a party to an agreement to make a mistake as to the substance of the thing which is the subject of the agreement".
5. Mistake of fact (Section 20): "Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void"
 
Coercion
Decided case of coercion
MuthtavsMuthuKaruppa,(1927) 50 Mad 786
An agent refused to hand over the account books of a business to the new agent unless the principal released him from all liabilities. The principal had to release deed as demanded. Held the release deed was given under coercion and was voidable at the option of the principal

Is Threat to commit suicide coercion?
Madras high court has held by a majority judgment that even a threat to commit suicide is coercion even though it is not punishable under the Indian penal code
Example: A man by giving a threat to commit suicide induces his wife and son to execute a deed in favour of him in respect of certain property and they execute. Held that the consent of the wife and son has obtained through coercion.
Effect of coercion-section 19
When the consent of a party to an agreement is obtained by coercion, the contract becomes voidable at the option of the party, whose consent is so obtained
The burden of proving that the consent was obtained through coercion shall be upon the party who wants to set aside the contract on the plea of contract.
Examples of effect of coercion
1. Anuj executes a transfer bond for the house under fear of assault .it will be a contract voidable at the option of Anuj since his consent was obtained by coercion.
2. A railway company refuses to deliver up certain goods to the consignee, except upon the payment of an illegal charge for carriage. The consignee pays the sum charged in order to obtain the goods. He is entitled to recover so much of the charge as was illegally excessive. 
UNDUE INFLUENCE
Undue influence is the improper use of any power possessed over the mind of the contracting party. According to section 16 a contract is said to be affected by undue influence when:
The relations subsisting between the parties are such that one of the parties is in a position to dominate the will of other and uses that position to obtain an unfair advantage over the other.
Following are the parties that can be affected by undue influence
a) Doctor and patient
b) Lawyer and client
c) Guardian and ward
d) Trustee and beneficiary
e) Teacher and student
Decided case on undue influence
In karnal Distillery Co. ltd V. Ladliprasad .1958 Punj 190,confirmed by the supreme court in 1963 S.C 1279,the elder brother was shown to have exercised undue influence over his younger brother in respect of a compromise arrangement the transaction was held to be voidable at the instance of the younger brother.