Creation of contract based on consensus 'ad idem'. Explain this based on the requisite of 'free consent' ?
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According to Section 13 of the Indian Contract Act, 1872 two or more persons are said to be in consent when they agree on the same thing in the same sense (Consensus-ad-idem). This means that the two parties must have the same understanding with regards to the subject matter of the contract.
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The principle of consensus-ad-idem is followed which means that the parties entering into the contract must mean the same thing in the same sense. ... Therefore consent given under coercion, undue influence, fraud, misrepresentation or mistake has the potential to invalidate the contract.
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