Explained - consensus-ad-idem


The essence of an agreement is the meeting of the minds of the parties in full and final agreement; there must be consensus-ad-idem. The expression “agreement” as defined in section 2 (e) is essentially and exclusively consensual in nature (i.e.., before there can be an agreement between the two parties, there must be consensus-ad-idem). This means that the parties to the agreement must have agreed about the subject matter of the agreement in the same sense and at the same time. Unless there is consensus-ad-idem, there can be no contract

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