Section 13 The Indian Contract Act, 1872
🔹 Section 13 – The Indian Contract Act, 1872
“Consent defined”
Two or more persons are said to consent when they agree upon the same thing in the same sense.
📘 Explanation:
Section 13 defines the legal concept of "consent" which is a fundamental element for a valid contract.
In Latin, this principle is referred to as "consensus ad idem" — which means "meeting of the minds."
✅ Essentials of Consent:
At least two parties must be involved.
They must agree upon the same thing.
They must understand it in the same sense.
❌ No Consent If:
There is misunderstanding about the subject matter.
There is ambiguity or mistake about terms.
One party thinks they're buying one thing, while the other is selling another.
🧑⚖️ Illustration (from Indian Contract Act):
A agrees to sell his white horse to B.
B thinks he's buying A’s black horse.
There is no real consent because they did not agree upon the same thing in the same sense.
Thus, no valid contract exists under Section 13.
🔗 Connected Sections:
Section 10 – Essentials of a valid contract.
Section 14 – Defines “Free Consent.”
Section 20-22 – Mistake, which can negate consent.
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