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Keshrimal Sankliya   10 March 2022

does assent is important factor in offer

does assent is important factor in offer/ proposal ?? mean can an offer is made without an view of obtaining others assent ??


 1 Replies

Palak batra   12 March 2022

Dear Querist,


For a Contract to be valid, the consent of the parties must be genuine. The principle of consensus-ad-idem is followed which means that the parties entering into the contract must mean the same thing in the same sense.  The parties to the contract must have the same understanding in regards to the subject matter of the contract.


Mere consent is not enough for a contract to be enforceable; the consent given must be free and voluntary.  The definition of Free consent provided under the Indian Contracts Act is Consent that is free from Coercion, Undue Influence, Fraud, Misrepresentation or Mistake. Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake. 


Therefore consent given under coercion, undue influence, fraud, misrepresentation or mistake has the potential to invalidate the contract. 




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