CLAT Exam > CLAT Questions > What is meant by Consensus ad idem?a)Disagree...
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What is meant by Consensus ad idem?
- a)Disagreement of Minds
- b)No contract between parties
- c)Void agreement
- d)The meeting of minds.
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
What is meant by Consensus ad idem?a)Disagreement of Mindsb)No contrac...
Consensus ad idem is a Latin term that means "meeting of the minds." It is an essential element in the formation of a contract between two parties. In simple terms, it refers to the agreement of both parties to the same thing in the same sense.
Explanation:
Elements of a contract include offer, acceptance, and consideration. However, for a contract to be legally binding, there must be a meeting of the minds. This means that both parties must agree on the terms and conditions of the contract without any misunderstanding.
For example, if Party A offers to sell a car to Party B for $10,000, and Party B accepts the offer, there must be a mutual understanding between both parties that the car being sold is the same car that Party A is offering, and that the price of $10,000 is the agreed-upon price. If Party A believes they are selling a different car or Party B believes they are paying a different price, there is no consensus ad idem, and therefore, there is no valid contract.
In conclusion, consensus ad idem is crucial in the formation of a contract, as it ensures that both parties have a clear understanding of what they are agreeing to. Without a meeting of the minds, there can be no valid contract, even if an offer has been made and accepted.
Explanation:
Elements of a contract include offer, acceptance, and consideration. However, for a contract to be legally binding, there must be a meeting of the minds. This means that both parties must agree on the terms and conditions of the contract without any misunderstanding.
For example, if Party A offers to sell a car to Party B for $10,000, and Party B accepts the offer, there must be a mutual understanding between both parties that the car being sold is the same car that Party A is offering, and that the price of $10,000 is the agreed-upon price. If Party A believes they are selling a different car or Party B believes they are paying a different price, there is no consensus ad idem, and therefore, there is no valid contract.
In conclusion, consensus ad idem is crucial in the formation of a contract, as it ensures that both parties have a clear understanding of what they are agreeing to. Without a meeting of the minds, there can be no valid contract, even if an offer has been made and accepted.
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Community Answer
What is meant by Consensus ad idem?a)Disagreement of Mindsb)No contrac...
There must be meeting of minds of both the parties on the same subject for a valid contract.
Example 1 - X contracts with B to sell his White house. B sends his acceptance for the same horse. A valid Contract is made.
Example 2- X contracts with B to sell his White Horse. B sends his acceptance for the Black horse of X. This is not a valid contract.
Hence, option D is correct.
Example 1 - X contracts with B to sell his White house. B sends his acceptance for the same horse. A valid Contract is made.
Example 2- X contracts with B to sell his White Horse. B sends his acceptance for the Black horse of X. This is not a valid contract.
Hence, option D is correct.
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