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Diya Arvind   07 March 2022

legal maxim

Where is the term Assentio Mentium used?


 1 Replies

Aarushi   07 March 2022

The maxim Assentio Mentium means meeting of minds which is used in the Law of Contract. This maxim is an essential for any contract to be formed under Section 10 of the Indian Contract Act, 1872. When a person proposes an offer to another, the offer must be accepted as such and the party accepting the offer must be aware of the exact conditions of the Contract. There should be a meeting of minds, i.e. both the party should agree on the same terms and should be on the same page regarding the terms of the Contract. Section 13 of the Indian Contract Act, 1872 explicitly says that a consent can only be given when both the parties are agreeing to the same thing keeping in mind the meaning of the terms of the Contract. In case, there is a breach of contract, the burden of proof to prove that there was Assentio Mentium at the time of signing the contract always lies on the plaintiff. The maxim consensus ad idem is often considered as a synonym for this maxim.

Bharthi Knitting Company v. DHL Worldwide Express Courrier Division of Airfreight Ltd.

In this case, although the plaintiff had incurred the loss of DM 21,469.63 after the delay in receipt of the consignment, the Court only awarded a compensation $100. It was observed by the Court that, in the contract between the two parties, it was explicitly mentioned that a compensation of $100 shall be provided in case of any mishaps. The Court held that it was assumed that when both the parties signed the Contract there was an Assentio Mentium and both the parties had agreed to the terms of the Contract.

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