Consensus ad idem
| Literal meaning | Agreement to the same thing (meeting of minds) |
|---|---|
| Pronunciation | kon-SEN-sus ad EE-dem |
Parties must agree to the same thing in the same sense. Without this meeting of minds there is no contract.
Example
A offers to sell his car for a price and B thinks he is buying the other car. There is no meeting of minds.
Case laws
- Raffles v. Wichelhaus (1864), England: two ships had the same name, Peerless, and each party meant a different ship. Held: there was no consensus ad idem, so no contract.
Statutory link
Section 13 of the Indian Contract Act, 1872: two or more persons consent when they agree upon the same thing in the same sense.
Exam tip
Asked with Section 13 and Raffles v. Wichelhaus.
Memory trick
Same thing, same sense.
Key takeaway
A contract needs both parties to mean the same thing.
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