Which of the following indicates a lack of free will in a contract?

Study for the ICAEW ACA Certificate Level - Law Test. Dive into multiple choice questions and detailed explanations to prepare effectively. Get ready for your exam!

A lack of free will in the context of a contract typically arises when a party does not genuinely consent to the terms of the agreement. Misrepresentation directly addresses this issue, as it involves providing false information that induces one party to enter the contract under false pretenses. When a party relies on misleading statements, their ability to exercise free will is compromised, leading to potential grounds for rescission of the contract.

In a well-functioning contractual agreement, mutual agreement, written consent, and consideration are all essential elements that indicate both parties have willingly and knowingly entered into the contract. Mutual agreement suggests that both sides are on the same page regarding the terms, while written consent signifies that the parties have formally acknowledged their acceptance of those terms. Consideration refers to something of value exchanged between the parties, further reinforcing the notion of voluntary agreement. However, if misrepresentation is present, it erodes the foundation of free will, making it the correct choice in indicating a lack of genuine consent in a contract.

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