Consensus ad Idem: An Essential in a Valid Contract

  • Gaurangi Khera
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  • Gaurangi Khera

    Student at IILM University, India

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Consensus ad Idem is a clause that is thought to be absolutely necessary for the creation of a legally binding contract. Its literal meaning is the meeting of the minds. Latin proverb consensus ad idem is short for "agreement." It justifies the consent of both parties during the contract's establishment. If there is consent from only one side, the contract becomes either void or voidable as it is performed under several partially influenced circumstances. Undue influence applies to a contract wherein one party has the upper hand and is in control of the performance of the contract. Contracts can also go wrong under mistake, fraud, misrepresentation, and coercion. Such contracts cannot be performed as both parties did not come to a mutual understanding ab initio. In this study, a clear analysis of the concept of partial voidability and absolute voidability, along with a contract involving consensus ad idem, is critically elucidated. The study analyses how a contract becomes voidable and loses its validity on account of consensus ad idem, as well as the importance of free consent in a valid agreement.


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 6, Page 1998 - 2008


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