parties as
alleged by the Claimants?
5. Whether there was consensus ad idem between the
parties on the Draft Definitive Agreements stipulated under
clause ... This issue addressed the question of whether there was
consensus ad idem between the parties on the Draft Definitive
Agreements, which had been forwarded
performance established through long correspondence?
1.2. Whether there had been consensus ad idem on the subject matter of the contract between the parties?
1.3. When ... expected consensus which is necessary to constitute a contract. But when the evidence indicates that there is consensus ad idem and the major part
parties as alleged by the Claimants?
5. Whether there was consensus ad idem between the parties on the
Draft Definitive Agreements stipulated under clause ... issue no.5
26. The tribunal observed that there was no consensus ad idem on the
Draft Definitive Agreements. It noted that the execution
entitled to get the
sale registered as there is no consensus ad idem. There is
5 A.S.No.678 of 2007
no concluded contract ... valid and binding on the defendant?
2.Whether there is no consensus ad idem and contract
is vitiated by fraud and misrepresentation, as being
claimed
specific performance thereof, could at
all lie. Clearly, there was no consensus ad idem between the
parties, regarding the covenants of the Agreement
complete promise as per law is the aspect of consensus ad idem.
Consensus ad idem can only exist if there is clarity in the agreement ... between the parties has not been concluded
because there is no consensus ad idem including on the aspects as to the
minimum requisite terms
proper
information and guidance. It is argued that there was no consensus ad idem
to enter into any such contract of authorizing the defendant ... enter into
derivative transaction and the same is vitiated by the consensus ad idem and
consent of the plaintiff. The said consent must be taken
same. There is an important difference between the
issue of consensus ad idem for entering into a contract and the issue of acting
upon ... there are offers and counter-offers, and
unless there is a consensus ad idem, there is no contract. This of course
xxxxxx
61. The absence of a concluded contract and a consensus ad idem
for a concluded contract coming into being is prima facie apparent
from ... findings in paragraphs 104 to 109
above - the lack of contractual consensus ad idem between
the Parties, the unaccepted counter-offer and lack of
consideration
under Sub-Clause (b) of Clause 17 there is a clear consensus ad idem
between the parties to refer disputes under the said Software ... consensus ad idem to refer the dispute to arbitration was missing in clause 16 relating
to settlement of dispute.
4.8 That consensus ad idem between
