Write short notes on (b) Presumption of undue influence

Consent: the parties' assent — consensus ad idem, the meeting of minds upon the same thing in the same sense. Free consent: the assent given voluntarily — not procured by compulsion, domination, deception or mistake: two wills meeting freely. The Muluki Civil Code's consent chapter codifies both requirements — agreement (the consensus) and its freedom — in the five- fold vitiator structure (the Indian Contract Act's family resemblance, the 2056 Act's continuity into the Code). The consequences' architecture (the frame for every answer): consent procured by coercion, undue influence, fraud or misrepresentation makes the contract voidable at the option of the aggrieved party (the election: to rescind or to affirm); the bilateral fundamental mistake makes it void. The avoidance's mechanics: rescission and restitution (Unit 11); the affirmance's bar (once affirmed with knowledge, the avoidance is lost); the third-party-rights protection; the court's discretionary edges.