therefore, to be
certain and the parties must have been consensus ad idem.
The burden of showing the stipulations and terms of the
contract ... that the minds were ad idem is, of Course, on
the plaintiff. If the stipulations and terms are uncertain
and the parties are not ad
terms of the offer. If the two minds are not ad idem in respect of the property to be sold, there cannot be a contract ... alleged negotiations had remained inchoate or had fructified into consensus ad idem on all the ingredients necessary for the formation of a contract depends upon
Page 5
telecommunications it can be shown that the parties were ad idem on the
Arbitration Agreement and in that event, mere fact ... Agreement came into existence between the parties
and the parties were ad idem on the issue of arbitration.
11. The appellant was appointed
Clause (b) of Clause 17 there is a clear consensus ad idem
between the parties to refer disputes under the said Software and Distribution
Agreement ... determined"
appearing in the clause did not show consensus ad idem. Thus the Hon'ble Supreme
Court in para 9 held that
terms of the offer. If
the two minds were not ad idem in
respect of the property to be sold,
there cannot be said ... contract for specific performance. If
the parties themselves were not ad
idem as to the subject matter of the
contract the court cannot order
specific
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
same thing in the same sense. The
parties were consequently not ad idem as the terms and stipulations in the
contract were not certain ... from Clause 12
thereof and hence the parties were not ad idem. Non finalization of certain
aspects which may be considered in the lease deed
mere formality and the parties were not at ad-idem and there was no concluded agreement between the parties Page 0018and the specific performance ... alleged negotiations had remained inchoate or had fructified into consensus ad idem on all the ingredients necessary for the formation of a contract depends upon
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 ... same, at the belated stage.
4.6. There was no consensus ad idem between the parties. The cause of action has arisen in the year
parties as alleged by the Claimants?
5. Whether there was consensus ad idem between the parties on the
Draft Definitive Agreements stipulated under clause ... tribunal observed that there was no consensus ad idem on the
Draft Definitive Agreements. It noted that the execution of these documents
were significantly impacted
