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Definition and meaning of consent

The term ‘consent’ is defined in Sec. 13 of the Indian Contract Act, as under:
“Two or more persons are said to consent when they agree upon the same thing in the same sense.”
The analysis of this section shows that ‘consent’ means that the parties should have meeting of minds, i.e., the parties must understand the subject matter of the contract in the same sense. For the creation of a contract, there must be consensus ad idem (meeting of minds). Consent is an important and a basic element in the formation of contract.



A agree with B to sell his car for ₹ 50,000. A had 2 cars namely car X and car Y. A was talking about car X and B believed that the contract was regarding car Y. here there is no consensus between the parties and the contract is void due to mutual mistake of fact.

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