All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

Practice Mode:
62.

The consensus ad-idem means :

A: General consensus
B: Reaching an agreement
C: Meeting of minds upon the same thing in the same sense
D: All the above

The answer is: C

Explanation

The correct option is C: Meeting of minds upon the same thing in the same sense.

This is the definition of consensus ad idem in contract law, which means that there has been a mutual agreement between the parties involved in a contract. For a contract to be valid and enforceable, there must be consensus ad idem, or a meeting of the minds, on all the essential terms of the contract. This means that both parties must understand and accept the same thing in the same sense, without any ambiguity or error. If there is no consensus ad idem, there is no contract.

Some additional sentences are:

Consensus ad idem is a Latin term that literally means "agreement to the same thing". It is also sometimes called "mutual assent" or "mutual consent" in contract law.

Consensus ad idem can be expressed or implied by the words or actions of the parties. For example, if one party makes an offer and the other party accepts it without any changes or conditions, there is consensus ad idem. However, if one party makes a counter-offer or adds a condition, there is no consensus ad idem until the other party agrees to it.

Consensus ad idem can be affected by various factors, such as mistake, fraud, duress, undue influence, or misrepresentation. These factors can prevent one or both parties from forming a true and voluntary agreement, and may render the contract void or voidable.