Assentio mentium – The meeting of minds, i.e. mutual assents.
Meaning of Assentio Mentium
Assentio mentium is a Latin legal maxim which translates to “the meeting of minds”.
It refers to the mutual agreement of the parties involved in a contract.
In modern contract law, this is often called consensus ad idem.
The idea is that for a contract to be valid, all parties must understand and agree to the same thing in the same sense.
Key point: A contract is void or unenforceable if there is no true meeting of minds, even if the parties have signed an agreement.
Essentials of Assentio Mentium
Offer and Acceptance:
One party makes an offer, the other accepts it without any misunderstanding.
Intention to Create Legal Relations:
Both parties must intend to be legally bound.
Clarity of Terms:
The terms of the agreement must be clear and mutually understood.
Freedom from Misrepresentation or Mistake:
Consent must not be obtained by fraud, coercion, undue influence, or misrepresentation.
Illustrative Case Law
1. Raffles v Wichelhaus (1864, UK)
Known as the “Peerless Case”.
Two parties agreed on the sale of cotton to arrive on a ship called Peerless, but there were two ships named Peerless sailing at different times.
Court held: No contract existed because there was no meeting of minds on the essential term (the ship).
Principle: Assentio mentium is absent if there is a mutual mistake.
2. Smith v Hughes (1871, UK)
A seller sold oats to a buyer who assumed they were new oats, but the seller did not say otherwise.
Court held: No misrepresentation by seller, contract valid because the seller did not induce a mistake.
Principle: Meeting of minds requires mutual understanding of the essential terms, not just assumptions.
3. Indian Context – Section 10, Indian Contract Act, 1872
Section 10 states that all agreements are contracts if made by the free consent of parties competent to contract, for a lawful consideration, and with a lawful object.
Free consent includes Assentio Mentium, i.e., mutual understanding.
Section 13 defines consent as agreement free from coercion, undue influence, fraud, misrepresentation, or mistake.
Example
Suppose A agrees to sell a car to B for ₹5,00,000.
A thinks the car is a diesel model, B thinks it is petrol.
Both parties understood differently on an essential term.
Court may declare: No valid contract exists due to lack of Assentio Mentium.
Importance in Law
Ensures Valid Contracts: Contracts are enforceable only if both parties truly agree.
Prevents Exploitation: Protects parties from contracts based on misunderstanding.
Foundation of Contract Law: Mutual assent is the cornerstone of any contractual agreement.
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