Chapter 4 Free Consent and Void Agreements (Vol - 2)
Chapter 4 Free Consent and Void Agreements (Vol - 2)
Chapter 4 Free Consent and Void Agreements (Vol - 2)
CHAPTER 4
FREE CONSENT AND VOID
AGREEMENTS
QUESTIONS
0. A mistake of law:
(a) has same effect as mistake of fact if it relates to mistake of Pakistani law
(b) has same effect as mistake of fact if it relates to mistake of foreign law
(c) has same effect as mistake of fact whether it relates to mistake of Pakistani law or foreign law
(d) is never treated as a mistake of fact
[Ans. b]
1. Graham threatened to kill Tony if Tony would refuse to sell his car to Graham. The contract has been induced through:
(a) Coercion
(b) Undue influence
(c) Fraud
(d) Mistake
2. The committing or threatening to commit, any act, forbidden by the Pakistan Penal Code, or the unlawful detaining or
threatening to detain, any property with the intention of causing any person to enter into an agreement is called:
(a) Fraud
(b) Undue influence
(c) Coercion
(d) Mistake
3. A contract under coercion becomes voidable at the option of the party whose:
(a) Consent was not free
(b) Consent was free
(c) At the option of both the parties
5. Where one of the parties to the contract is in a position to dominate the will of the other and it utilises its position to make
that other person enter into a contract. The contract is said to be induced by:
(a) Coercion
(b) Undue influence
(c) Fraud
(d) Misrepresentation
Page | 1
Business Law – The Practice Book Chapter 4: Free consent and void agreements
8. In the contracts induced through undue influence, the burden of proof is on:
(a) The person who was the dominant party
(b) The person whose will was dominated
(c) None of these
9. The unjustified statement given innocently about the subject-matter of the contract, is known as:
(a) Misrepresentation
(b) Fraud
(c) Mistake
(d) None of these
11. One of the following shows that fraud has been made in order to make the other party enter into contract:
(a) Active concealment of the facts
(b) Physical threat to the other patty
(c) Mental or moral threat to the other party
(d) Innocent wrong statement
14. Under a contract induced through fraud, the aggrieved party may:
(a) Sue for damages
(b) Not sue for damages
(c) Only avoid the contract
(d) None of the above
15. Mere Silence as to facts likely to effect the willingness of a person to enter into a contract is equal to fraud where:
(a) It is not essential to speak
(b) It is the duty of the person keeping silence to speak
(c) His silence amounts to have no value
(d) None of the above
16. Allan says to Michel that if you do not deny it, I shall assume that this horse is sound. Allan says nothing. Here:
(a) Allan's silence has no effect on contract
(b) Allan's silence, is "equivalent to speech"
(c) None of the above
Page | 2
Business Law – The Practice Book Chapter 4: Free consent and void agreements
18. Where both the parties to an agreement are under a mistake as to the matter of fact essential to the agreement, there is:
(a) Unilateral mistake
(b) Mistake of law
(c) Bilateral mistake
(d) None of these
20. When consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is:
(a) Valid
(b) Void
(c) Voidable at the option of a party whose consent was so caused
(d) Partially void
(e) None of these
22. In one of the following contracts, one party is to win and the other to lose upon a future event which at the time of the
contract is of an uncertain nature.
(a) Quasi contract
(b) Contingent contract
(c) Wagering contract
(d) None of these
24. X makes a bet with Y, and loses. X goes to Z for taking some loan in order to give money to Y. In this case one of the following
combinations makes a valid contract:
(a) A contract between X and Y
(b) A contract between Y and Z
(c) A contract between X and Z
(d) A contract between X, Y and Z
25. Robins made a contract with Peter to discover treasure by magic. This is a void agreement because:
(a) It lacks uncertainty
(b) It has impossibility 0f performance
(c) It has no consideration
(d) None of the above
Page | 3
Business Law – The Practice Book Chapter 4: Free consent and void agreements
27. ** To constitute a wager, which of the following elements should NOT be present in the agreement?
(a) Uncertain event
(b) Each party must be in a win or lose situation
(c) Neither party should have any control over the event
(d) There should be a promise to pay money only
31. ** A positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though
he believes it to be true is said to be a:
(a) Fraud
(b) Misrepresentation
(c) Mistake
(d) Misinterpretation
33. ** If the seller makes use of pretended bidding to raise the price during an auction, the sale is:
(a) Void.
(b) Voidable at the option of buyer.
(c) Not voidable.
(d) None of the above.
Page | 4
Business Law – The Practice Book Chapter 4: Free consent and void agreements
36. Jalil is indebted to Kamran but due to financial crisis, he is not able to pay him. At Jalil’s request, Kamran agreed to sell
further goods to Jalil on very stringent terms. Subsequently, Jalil approaches the Court demanding relief from contractual
obligations on grounds of undue influence.
Which of the following statements is true?
(a) Kamran will have to prove that he did not exercise any undue influence
(b) Jalil will have to prove that the contract was induced by undue influence
(c) Both Jalil and Kamran will have to prove the presence or absence of undue influence respectively
(d) The contract entered into between Kamran and Jalil is void ab-initio
37. Saad agreed to pay Rs. 500,000 to Hafsa if she delivered a judgement in his favour in a suit. Hafsa gives the judgement in
Saad’s favour but he later refuses to pay any money. In this situation, can Hafsa claim the amount?
(a) No, because the agreement was voidable at the option of Saad only
(b) Yes, because the agreement was valid and enforceable
(c) Yes, because the agreement was voidable at the option of Hafsa only
(d) No, because the agreement was void due to unlawful activity
38. Haris has two horses, one of the horse is purebred. He agrees to sell one horse to Abdullah who gives his consent believing
that he will receive a purebred horse whereas Haris thinks that he would sell the other horse. What is the status of the
contract between Haris and Abdullah?
(a) Void on account of unilateral mistake regarding material fact
(b) Voidable on account of unilateral mistake regarding material fact
(c) Void on account of bilateral mistake regarding material fact
(d) Voidable on account of bilateral mistake regarding material fact
Q.1 Under the provisions of the Contract Act, 1872 list any three circumstances in which a party whose consent was obtained
by misrepresentation cannot rescind the contract. (03)
(ICAP, CAF 03 Level – Autumn 2020)
Q.2 In view of the provisions of Contract Act, 1872 explain the general rule “Agreement in restraint of legal proceedings is void”.
State the exceptions to the above rule. (03)
(ICAP, CAF 03 Level – Autumn 2013)
Q.3 “An agreement in restraint of trade is void”. State the exceptions to this rule as given in the Partnership Act, 1932. (06)
(ICAP, CAF 03 Level – Spring 2013)
Q.4 In the light of Contract Act, 1872, explain the difference between coercion and undue influence. (06)
(ICAP, CAF 03 Level – Spring 2013)
CASE STUDIES
Q.1 Qadeer and Javed sold their confectionery business along with goodwill, to Asad Sweets. They also agreed not to carry on
similar business for a period of three years. After one year of the sale, Qadeer started a similar business on the ground that
agreements in restraint of trade are void. Describe the relevant provisions of Partnership Act, 1932 and explain whether
Qadeer is justified in his contention. (03)
(ICAP, CAF 03 Level – Spring 2009)
Q.2 Shahid agreed to buy used printing machinery from Amir who confirmed that the machine was in a good condition. After
taking possession, Shahid complained that there were defects in the machine. Amir and Shahid agreed to have it repaired
and to share the repair charges equally. Few days after the repairing, the machine again started malfunctioning. Shahid now
wants to rescind the contract. Can he do so? Discuss. (04)
(ICAP, CAF 03 Level – Autumn 2008)
Page | 5
Business Law – The Practice Book Chapter 4: Free consent and void agreements
Q.3 Tariq was seriously ill and needed money for his operation. Murad agreed to lend him Rs. 100,000 at 15% per annum. The
rate of interest prevalent in the market was 10% per annum. Later, Tariq refused to pay interest in excess of 10% claiming
that he entered into the agreement under undue influence of Murad. Do you agree with Tariq? Explain with appropriate
reasons. (05)
(ICAP, CAF 03 Level – Spring 2008)
Q.4 A leads B to believe that 500 tons of steel is made every year at his factory. B examines the accounts of the factory which
show that only 400 tons of steel is made. B thereafter buys the factory. Can B now avoid the contract? (05)
(ICAP, CAF 03 Level – Spring 2006)
Q.6 Ali, a minor, obtains a loan of Rs.10,000 from Bilal by fraudulently representing that he is of full age, can Bilal recover his
amount from Ali in any from of action. (04)
(ICAP, CAF 03 Level – Spring 1993)
Q.7 Karim bought a textile mill from Laeeq on his assurance and a certificate from Registrar that the mill and its assets were
free from any encumbrance. Later, Karim received a notice for payment of mortgage dues and found that the certificate of
Registrar was forged by Laeeq. What rights are available to Karim under the Contract Act, 1872? (04)
(ICAP, CAF 03 Level – Autumn 2012)
Page | 6
Business Law – The Practice Book Chapter 4: Free consent and void agreements
SUGGESTED SOLUTIONS
SUGGESTED SOLUTIONS
MCQ # Correct Option MCQ # Correct Option MCQ # Correct Option
1 a 14 A 27 D
2 c 15 B 28 C
3 a 16 B 29 B
4 B 17 B 30 C
5 b 18 C 31 B
6 c 19 C 32 A
7 b 20 c 33 B
8 a 21 c 34 C
9 a 22 c 35 D
10 a 23 b 36 B
11 a 24 c 37 D
12 c 25 b 38 C
13 D 26 b
Specified period and local limits must be reasonable (having regard to the nature of the business).
Specified period and local limits must be reasonable (having regard to the nature of the business).
Service Agreements:
1. An employee may agree that he will serve employer for a specific period.
2. An employee may agree that he will not start any other job during his employment.
Page | 7
Business Law – The Practice Book Chapter 4: Free consent and void agreements
3. An employee may agree that he will not start similar job after his employment for specified period or for specified
local limits, provided purpose of such restriction is to protect the interest, goodwill or trade secret of employer.
Specified period and local limits must be reasonable (having regard to the nature of the business).
Trade Combinations:
Trade combinations which have been formed to regulate the business or to fix prices are valid. However, trade
combinations to create monopoly and which are against public interest are void.
Q.4
Coercion Undue Influence
Parties to a contract may or may not be related Parties to a contract are related to each
Relationship
to each other. other under some sort of relationship.
Consent is obtained by giving a threat of an
Consent obtained by Consent is obtained by dominating the will.
offence or committing an offence
Nature of Pressure It involves physical pressure. It involves mental pressure.
It can be exercised even by a stranger to the It can be exercised only by a party to a
Who can exercise
contract. contract and not by a stranger.
Burden of proof on party rescinding the
Assumption It may be assumed by the law in some cases.
contract.
The party committing the crime may be
Nature of liability It doesn't involve any criminal liability
punishable under Penal Code.
Objective is to compel a person to enter into a
Reason Objective is to obtain an unfair advantage.
contract.
Restoration of The aggrieved party has to restore the benefit The party avoiding the contract may or may
benefit received. not restore benefit.
CASE STUDIES
Page | 8
Business Law – The Practice Book Chapter 4: Free consent and void agreements
Agreement to pay interest @ 15% is voidable at the option of Tariq if his consent was not free and was caused by Undue
Influence.
However, law does not presume undue influence in the case of creditor and debtor , therefore, it is Tariq who will have to
prove that undue influence was exercised.
If Tariq fails to prove undue influence, agreement will remain valid and he will have to pay interest @ 15%..
Q.5 (i)
Relevant legal Provision:
An agreement is not in restraint of legal proceedings if parties agree that they will not file an appeal in upper court of law.
(ii)
Relevant Legal Provision:
Terms of the offer must be definite and certain, and not loose or vague.
(iii)
Relevant legal Provision:
Agreements in restraint of marriage are void.
Karim can claim damages from Laeeq if he rescinds the contract, or even if he insists on performance.
Page | 9
Business Law – The Practice Book Chapter 4: Free consent and void agreements
8.* When party standing in fiduciary relationship make an agreement, legally it will be presumed that the party in a dominating
position, must have caused the consent of other through undue influence which includes
(a) Father and son
(b) Doctor and patient
(c) Teacher and student
(d) All of the above
11.* Mr. A has two horses, one is black and another is white. He makes an agreement to sell one horse to Mr. B. Mr. A believes
that he is making an agreement for selling white one, whereas Mr. B thinks that he is buying black horse. Is there any
contract between Mr. A and Mr. B
(a) contract is void on account of unilateral mistake regarding material fact.
(b) contract is void on account of unilateral mistake of foreign law.
(c) contract is void on account of bilateral mistake regarding material fact.
(d) contract is void on account of unilateral mistake of Pakistan law.
16. The aggrieved party in case of _____________ cannot rescind the contract, if he had the means of discovering the truth by
ordinary diligence.
17. Two or more persons are said to consent when they agree upon the same thing in the same sense. In law, this is called
_______________.
18. The fraud must be committed by a party to a contract or by anyone with his _________ or by his agent.
19. The term unilateral mistake means where only one party to the agreement is under a mistake and a contract is not voidable
but according to the exception the agreement is void where a unilateral mistake relates to the ____________ and ____________.
32.* In anticipation of huge sale of sweets during Eid festival all sweet makers of Islamabad make an agreement that they will
not sell sweets below Rs.1000/- per Kg. State the legal position of this agreement
(a) This agreement is a valid agreement
Page | 10
Business Law – The Practice Book Chapter 4: Free consent and void agreements
(b) This agreement is not creating monopoly in the market thus it is valid
(c) This agreement tends to create monopoly in the market thus it is void
(d) This agreement is voidable at the option of one party
33.* Mr. Bilal agreed to work with Dr. Abdullah at ABC Hospital for a period of six months to treat the patients of coronavirus.
The contract provided that during the term of agreement Mr. Bilal will not practice in any other hospital. However after one
month of service, Mr. Bilal left the hospital and joined another hospital. State the legal position.
(a) Mr. Bilal can join any other hospital of his own choice any time
(b) Mr. Bilal cannot join any other hospital of his own choice even after the end of agreement
(c) Mr. Bilal can join any other hospital of his own choice before the end of agreement
(d) Mr. Bilal cannot join any other hospital of his own choice before the end of agreement
36. Rahul and Kumar are two rival shopkeepers in Ramswami colony of Karachi. They make an agreement that if Rahul closes
his shop from the colony, Kumar will pay him Rs.20000/-. Later on Kumar refuse to pay. Now Rahul wants to file a suit
against Kumar in a court of law. Rahul cannot recover this amount from Kumar as the agreement is __________________.
37. Mr. Rehman was appointed as an agent for selling the goods produced by Mr. Raheem. On a condition that Mr. Rehman will
not deal in goods of any other manufacturer. This restraint is ______________.
38. Every agreement in restraint of the ____________ of any person other than a minor is void.
39. Ms. Sofia agreed to sing at the theatre of Mr. Andrew for three months and will not sing elsewhere. It was held that she can
be ___________.
40. To enforce an agreement in the court its meaning must be certain or capable of being made certain. Any uncertainty in the
meaning of agreement will create uncertainty regarding rights and obligations. Such uncertain rights and obligations cannot
be claimed in the
_____________.
Page | 11
Business Law – The Practice Book Chapter 4: Free consent and void agreements
SUGGESTED SOLUTIONS
1. (b) Parties to a contract are related to each other under some sort of relationship
2. (a) Undue influence implies unfair use of dominating position and some kind of mental and moral
pressure.
3. (c) Coercion may be exercised from any person and may be directed against any person, even a stranger
4. (d) If an act is done, with an intention to deceive because fraud is an intentional misrepresentation of
the facts.
5. (b) There is no presumption that a person is in position to dominate the will of another person in case
of creditor and debtor.
6. (d)
7. (a) The threat to commit a suicide is an offence under Pakistan Penal Code.
8. (d) The person who is in a dominating position is presumed to obtain unfair advantage over the other.
9. (d) Will not amount to fraud because it is a mere expression of opinion for making self- praise of his
own goods.
10. (d) A contract is set to be caused by coercion when it is obtained by unlawful detaining or threatening
to detain the property
11. (c) Yes, but the contract is void on account of bilateral mistake regarding material fact
i.e. identity of the subject matter (horse).
12. (d) Yes because the adoption deed was made by coercion because coercion implies use of physical force
or threat to cause consent.
13. (a) A contract is said to be caused by coercion when it is obtained by committing or threatening to
commit any act which is forbidden by Pakistan Penal Code
14. (d) Unsoundness of mind comes within the ambit of contractual capacity and not in free consent of
parties.
15. (a)
16. Fraud or misrepresentation.
17. Consensus-ad-idem
18. Connivance
19. Nature of contract, identity of a person.
20. Fraud.
21. (d) One who sells the goodwill of the business may agree with the buyer to refrain from carrying on a
similar business, provided that such restrictions are reasonable
22. (a) A promise to marry a particular person does not imply restraint of marriage.
23. (a) Agreement to sell all produce to a certain party with a stipulation that buyer is bound to accept
whole quantity
24. (b) Provided the restriction is reasonable, restriction can be made with the consent of both the parties.
25. (a) Jurisdiction of court of law cannot be restricted by any agreement.
26. (a) Any agreement which limits time period within which one can enforce his rights is void.
27. (c) Agreement, meaning of which seems to be uncertain but is capable of being made certain.
28. (a) They simply look at the possibility of happening of the event for their gain or loss.
29. (a) Agreement to buy ticket of lottery sponsored by the Government. A lottery is a game of chance. An
agreement to buy a lottery ticket is void.
30. (c) Agreement in restraint of marriage of a minor. Agreement, which prevents a minor from getting
married, is valid.
31. (c) It is because monopolistic practices in the market may lead to exploitation of customers.
32. (a) or (b) This is an agreement to regulator prices, hence valid.
33. (d) Mr. Bilal cannot join any other hospital of his own choice before the end of agreement because the
agreement was valid and Dr. Abdullah can restraint Mr. Bilal from practicing at any other hospital.
34. (d) Mutual gain or lose, uncertain event and no control over the event are considered essential
elements of a wagering agreement.
35. (c) Transaction of real and genuine sale and purchase of share and other securities in a stock exchange
is not of a wagering nature.
36. Void ab initio
37. Valid.
38. Marriage
39. Restrained.
40. Court of law.
Page | 12