Question

Consensus ad idem means

• A. Good faith
• B. Opinion of third parties
• C. Opinion of the offeree
• D. Meeting of the minds

Hint:

Think of 'Consensus ad idem' as the foundation of an agreement. If one party thinks they are selling a horse named 'Champion' and the other thinks they are buying a horse named 'Victory', there is no meeting of the minds, and hence, no contract.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks for the meaning of the Latin legal maxim 'Consensus ad idem'. This is a core requirement for the formation of a valid and binding contract.
Step 2: Detailed Explanation:
- Consensus means "agreement" or "consent".
- Ad idem means "to the same thing".
Therefore, Consensus ad idem translates to "agreement to the same thing" or, more commonly, "a meeting of the minds".
This means that for a contract to be formed, the parties must agree on the essential terms of the contract, and they must understand these terms in the same sense. Without consensus ad idem, there is no real agreement, and the contract may be void. This concept is embodied in Section 13 of the Indian Contract Act, which defines 'Consent' as when two or more persons agree upon the same thing in the same sense.
Step 3: Final Answer:
The direct translation and legal meaning of Consensus ad idem is "meeting of the minds". Therefore, option (D) is correct.