learned counsel appearing for the respondent
contended that there is no consensus ad idem between the
parties on the point of reference to an arbitration ... which the appellant had
agreed thereunder. No arbitration clause emerged by
consensus ad idem. Therefore, there is no arbitration
agreement for reference of the dispute
been consensus ad idem.
The burden of showing the stipulations and terms of the
contract and that the minds were ad idem is, of Course ... defence of
there having not been a contract for lack of consensus ad
idem was available to the defendant. [363F; 364B]
The jurisdiction
consensus A on the material terms of the contact which
contains several clauses. In the absence of consensus ad
idem on the material terms ... same sense
or as it is sometimes put, there should be consensus ad
idem. In that case a sub-contract was signed and executed
force majeure clause ". The argument is that there
was no consensus ad idem, and that the parties had not
specified which force majeure clause ... definite meaning.
The contention thus is that there being no consensus ad
idem, the contract must fail for vagueness or uncertainty.
The argument
made the contract void ab initio, as there was no consensus ad idem between the parties. They contended that the contract being void, the arbitration ... force majeure clause". The argument is that there was no consensus ad idem, and that the parties had not specified which force majeure clause
learned Counsel appearing for the respondent contended that there is no consensus ad idem between the parties on the point of reference to an arbitration ... which the appellant had agreed thereunder. No arbitration clause emerged by consensus ad idem. Therefore, there is no arbitration agreement for reference of the dispute
unilateral act of a party and unless there is consensus ad-idem between the
parties and a new date is agreed to, merely because ... goods
to you". There was never in my judgment any consensus ad-idem, no
agreement, express or implied, to extend the time either
L.I.C. Of India & Anr vs Consumer Education & Research Centre & ... on
were
only the general specifications. Thereafter, the above 12th
clause has been added, namely,
"All items of work shall be carried ... towards
the other. It embodies an agreement of both parties with
consensus ad idem that if any dispute arises with regard to
the obligations undertaken
both the parties, viz., Coca
Cola and GBC. Mutual consent postulates consensus ad idem
between the parties. There is no material on record to show ... that there was such a consensus ad idem between Coca Cola
and GBC regarding reducing the termination period for the
notice under paragraph
