Preview

Consensus Ad Idem

Powerful Essays
Open Document
Open Document
1462 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Consensus Ad Idem
EROSION OF CONSENSUS AD IDEM

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 enforceable by law. Section 2(e) defines agreement as “every promise and every set of promises forming consideration for each other.” Section 2(b) defines promise in these words: “When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted.

Essentials of Contract:

Every contract is said to have the following elements:-

❖ Offer

❖ Acceptance

❖ Consideration

❖ Meeting of the minds [consensus ad idem]

❖ Competency of parties &

❖ Legality or Lawful Object

These six elements are said to be the essentials of a valid contract, absence of even one of these would result in non-enforceability or a contract which is not legally enforceable. Two or more persons can enter into a contract and there should be offer or proposal from any of the party to the other and the offer can be of any form i.e., express, implied or general offer, also the offer should be certain and definite. An offer is synonymous with proposal. The offeror or proposer expresses his willingness “to do” or “not to do” (i.e., abstain from doing) something with a view to obtain acceptance of the other party to such act or abstinence. Thus, there may be “positive”

You May Also Find These Documents Helpful

  • Powerful Essays

    Bus311 Business Law I

    • 2524 Words
    • 11 Pages

    A contract is a legally enforceable agreement that is created when two or more people agree to perform or to avoid performing certain acts that they have a legal right to do and that meet certain legal requirements (Liuzzo, 2013). An example of a contract exists between an assistant and the manger. That contact can be extended once the assistant becomes a partner and so forth. Contracts can be extended or changed as needed to reflect the contractual relationship.…

    • 2524 Words
    • 11 Pages
    Powerful Essays
  • Good Essays

    A contract is a binding legal agreement that is enforceable in a court of law.…

    • 549 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Scots Law of Contract

    • 1374 Words
    • 6 Pages

    A contract is an agreement between two or more parties which in Scotland does not need to take a specific form, as a spoken agreement is still equally as enforceable as a written contract in certain circumstances such as in most social and domestic arrangements. A contract creates a legally binding bond between the parties involved. Contracts are made everyday sometimes without even realising it from buying a coffee to buying a house.…

    • 1374 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Gloria Smithson

    • 536 Words
    • 2 Pages

    What elements are necessary for a valid contract to exist? Define what constitutes a "valid offer." Evaluate each proposal and discuss whether each of the offers constitutes a valid offer. Why or why not?…

    • 536 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Law 421 Contracts

    • 1070 Words
    • 5 Pages

    A contract is an agreement between parties that is enforceable by law (Melvin, 2012). Transactions conducted within the business world and by individuals that involve commitments to provide goods, services, or real property are usually in contract form. When one party makes an offer to another and they reach an agreement, a contract is formed. An agreement reached between the cooperating parties contains a promise, for example, one party agrees to sell a vehicle for $500 and the other party accepts and pays the money then receives the merchandise. This constitutes an acceptance of assent between parties showing that the parties agree with the terms offered. To ensure fairness of trade for goods and services, contracts are enacted between individuals in the event one party breaks their promise or breaches the contract.…

    • 1070 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    Types of contract

    • 1028 Words
    • 5 Pages

    The four essential elements of a contract can be briefly explained as follows; a contract is formed when one party makes an offer and that offer is accepted by another party for an exchange of some benefit or something of value by the parties (this is the consideration element). The intention of the parties is that they are legally bound by the contract.…

    • 1028 Words
    • 5 Pages
    Powerful Essays
  • Better Essays

    From a Legal Point of View, a contract is a mutual agreement between two or more parties that something shall be done, an agreement enforceable at law.…

    • 1473 Words
    • 6 Pages
    Better Essays
  • Better Essays

    Many female writers write about women’s struggle for equality and how they are looked upon as inferior beings. Kate Chopin and Susan Glaspell exhibit their views about women in many of their short stories. In the short stories “The Story of an Hour”, and “Desiree’s Baby”, Chopin seems to want to address how oppressive treatment on the behalf of men, husbands affects women, wives. In Glaspell’s, “A Jury of Her Peers”, the relationship between men and women imply the oppressive attitudes that men portray of women and their standings as people. Elaine Hedges stated that this story was known for its “challenge to prevailing images or stereo types of women” that society had on them (250). Analytically, the commonality of theses three short stories seems to be these women acting upon the unbearable circumstances, whether it is toward themselves or their oppressor. In many of their works the idea that women’s actions are driven by the men in the story reveals that men are oppressive and dominant and women are somewhat vulnerable, naive and sensitive. Louise Mallard, Desiree Aubigny, and Minnie Foster shared one thing in common: they are the wives of oppressive husbands. Theses authors seem to also show that the women of these stories undergo a transformation from dependent and weak to stronger women free from their husbands in the end. So in the end, due to oppressive male dominance, and a patriarchal society, death is the unconventional outcome for these three characters in some way or form.…

    • 1597 Words
    • 4 Pages
    Better Essays
  • Satisfactory Essays

    Business Law Questions

    • 404 Words
    • 2 Pages

    A contract is agreement concerning promises made between two or more parties with the intention if creating certain legal right and obligation upon the parties to that agreement which shall be enforceable in court law.…

    • 404 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Consensus vs Coalition

    • 760 Words
    • 4 Pages

    In the world of creating policy programs the demands of both political groups and political individuals are crucial. When a proposal or a sensitive issue is brought up political parties either join together to form a coalition building, or discuss the options though a consensus building. In a consensus building local participation and speaking out is crucial for the party’s success, while in a coalition groups can bind together and become more influential. Depending on a country’s current political situation a coalition or consensus building will be formed.…

    • 760 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The theorists assume that the group members of the group who cares about the issue are intelligent, and face a challenging task. They stressed that communication or the term they used, “group interaction” has a positive effect on the final decision.…

    • 930 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Agreement and contracts

    • 1942 Words
    • 6 Pages

    A contract is a legally binding agreement or relationship that exists between two or more parties to do, or abstain from performing certain acts. A contract can also be defined as a legally binding exchange of promises between two or more parties that the law will enforce. For a contract to be formed an offer made must be backed with an acceptance of which there must be consideration. Both parties involved must intend to create legal relation on a lawful matter which must be entered into freely and should be possible to perform.…

    • 1942 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    the deliberation of the group in the planning, execution, and evaluation of the common action of the group. No other method ……

    • 4482 Words
    • 18 Pages
    Powerful Essays
  • Good Essays

    Offer is one of the essential elements of a contract, which is a legally binding agreement made between two or more parties, other essential elements include Acceptance, Consideration, intention and Capacity. In the absence of any of these elements the contract will be void.…

    • 501 Words
    • 3 Pages
    Good Essays
  • Good Essays

    It is the process of making joint decisions when the parties involved have different preferences.…

    • 595 Words
    • 3 Pages
    Good Essays

Related Topics