Contract Formation without Consensus Ad Idem
contract clat_pg advanced trick_questionArre yaar, most of us think we know contract law, but this question is a trap. The problem is about X and Y who agree to buy and sell a house through a broker. In the agreement, they mention the house's address as "123 Main Road." However, there is no such house, only a plot of land on "123 Main Road." The plot is worth 50 lakhs, but X and Y agreed on the sale price of 1 crore. In such a scenario, is there a contract between X and Y? Most people will say yes, but remember, a contract requires consensus ad idem, i.e., a mutual agreement on the subject matter. Here, the parties had a mistake of fact, a plot instead of a house. We all know this is a contract of sale, but is it a valid contract?
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"Agar consensus ad idem nahin hota, toh contract formation possible nahin hoga. Lekin, kuch cases mein, is problem ko solve kiya jata hai. Pehle, ek party ki kripa se contract form fill kiya ja sakta hai, jab dusari party isse sign karte samay uski approval ke baare mein shaka nahin hoti. Doosri, ek party ki kripa se contract signed kiya ja sakta hai, jismein uska consent implicit hota hai.