Essay on Consensus Ad Idem

1464 Words Nov 13th, 2012 6 Pages

This work is to discuss about the erosion of “consensus ad idem” or called as “meeting of the minds”, to get to know about this we have to know about “Contract” where in which the “consensus ad idem” plays a very important role.

Meaning and Definition of Contract:

The word contract is derived from the Latin “contractum”, meaning “drawn together”. It, therefore, denotes a drawing together of two or more minds to form a common intention giving rise to an agreement which is intended to be enforceable by law and which may have elements in writing, though contracts can be made orally. Section 2(h) of the Indian Contract Act, 1872 defines a contract as an agreement
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If in case, the said object is to be unlawful then the agreement would become void.

All these above elements combined together forms a contract which is legally enforceable.

➢ Erosion of “Consensus ad idem” :

The idea of expounding a contract based on meeting of minds at early stages was made by Sir Frederick Pollock. There were also persons like Oliver Wendell Holmes who criticized the concept of meeting of minds as ‘fiction’. This concept has been accepted and had been put into use even until now, but there had been some leaps and bounds in early stages of evolution of contract.

In “Household Fire and Carriage Accident Insurance Co Ltd v Grant “(1879) 4 Ex D 216, Thesiger LJ said, “Now, whatever in abstract discussion may be said as to the legal notion of its being necessary, in order to the effecting of a valid and binding contract, that the minds of the parties should be brought together at one and the same moment, that notion is practically the foundation of English law upon the subject of the formation of contracts”.

In “Carlill v. Carbolic Smoke Ball Company” [1893] 1 QB 256, Bowen LJ said, "One cannot doubt that, as an ordinary rule of law, an acceptance of an offer made ought to be notified to the person who makes the offer, in order that the two minds may come

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