CMA Foundation · Fundamentals of Business Laws and Business Communication · Capacity of Parties, Free Consent
Under the Indian Contract Act, 1872, two or more persons are said to 'consent' when they:
Consent means that two or more persons agree upon the same thing in the same sense, as stated in Section 13. It is about a meeting of minds on identical terms, not about consideration, writing or witnesses.
- Aagree upon the same thing in the same senseCorrect
- Bagree upon the same thing for a lawful consideration
- Csign a written document in the presence of witnesses
- Dexchange promises that are enforceable by law
Explanation
Section 13 defines consent as agreeing upon the same thing in the same sense. Lawful consideration, writing and witnesses are not part of the definition of consent; they relate to other requirements of a valid contract.
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