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Aakritu   07 April 2022

Legal maxim

Where is the maxim of Consensus Ad Idem applied?


 1 Replies

Aarushi   07 April 2022

The legal maxim of Consensus ad Idem is a maxim which is used in the Law of Contract. It literally means meeting of minds. It basically states that when any contract is made between 2 parties, it is essential that both the parties know what the objective of the contract is, or what the conditions imposed are. There should not be any confusion or misunderstanding between the parties of the Contract. For example, if A goes to B to sell “Moti”, A has to specify to B, what “Moti” exactly is. “Moti” can be a name of a horse or a dog or even perhaps a house. Hence, it is of prime importance to B to know what “Moti” is, in order to give a reasonable consideration for the purchase that B shall make. If there is an absence of Consensus Ad Idem while signing a contract, it shall be deemed void by the Court.

MX Media & Entertainment v. Contagious Online Media Network Pvt. Ltd.

In this case the single bench of Judge said that the absence of Consensus Ad Idem makes any contract legally unattainable. The appellant was sent the copy of the agreement duly signed by the respondent, but even after much pursuance, the appellant did not sign it and return it back to the respondent. In order to get the contract signed by the appellant, the respondent had also sent a schedule of the program that the parties were supposed to do together. After receiving the program, the appellant wanted a change in the terms of the agreement and hence did not sign the it. When the contention was raised before the Court that a signature was not needed for the contract to be enforceable, the Court held that, in the present case, the issue was not regarding the written agreement, but rather of Consensus Ad Idem. The way the appellant was hesitant to sign the contract shows that there was no meeting of mind and thus, the Contract was rendered void.

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