Freedom of Choice under Indian Contract Act: A Critical Evaluation

An examination of the impact of freedom of choice in the Indian Contract Act

Abstract

MAN is a social animal. He has been in dealing with others since a long period of time. Earlier he used diverse methods to regulate his relations with others. But with the passage of time and the extreme flourish of business globally, the main mechanism of regulation of the relationships bw different individuals have been the instrument of contract. Contracts are serious affairs. They have an extreme effect over the parties to the contract. This seriousness must reflect right from starting means when a person is entering in contract, he must have desire to enter into a contract. He must have freedom to make choice whether he wanted to enter into contract or not as at end, only the parties to the contract have to bear the effects and consequences of making a contract. This freedom of choice has been secured to the parties by The Indian Contract Act, 1872 in Sections 13- 22. It provides for various situations under which the consent of a party can be vitiated and the effects of such vitiated consent over the contract entered into.