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Words: | Submitted: Mon Jun 19 2006
... the Offeree or Acceptor) to be bound by the terms of the contract. Consensus in idem, literally means, 'a meeting of the minds', or an agreement, as to the same thing. In other words it is the common consent, necessary for a binding contract. This idea evolved, from the 19th century regard for the free market, and 'Laissez Faire'. It is a minimalist approach, to contractual relations, between people, which are enforceable by the Law. Parties must be in mutual agreement, to the terms, which bind them, in order for, consensus in idem, to exist. This is displayed by the words of Bell, ' To a perfect obligation, (besides the proof requisite), it is necessary that there shall be a deliberate and voluntary consent to engage'. Consent to contract, however can be viewed, in a 'Subjective' sense, considering elements, which invalidate such 'agreement', as well as incapacity to do so, based ...
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