Assentio mentium is a latin term that implies meeting of minds or mutual assent expressed or implied by both the parties to the contract.Consensus ad idem is a synonym word for the Latin term assentio mentium.
ILLUSTRATION
While executing a contract deed for the sale of A’s house there was “assentio mentium” between A (seller)and the B (purchaser) as to the terms and conditions of the contract.It means both were clear as to the object of contract(the house) and the consideration being paid for it(certain sum of money).
CASE LAW
Bharthi Knitting Company V. Dhl Worldwide Express Courier Division Of Airfreight Ltd.
- Though the duplicate copies were subsequently sent by the date of receipt of the consignment, the season was over. The company DHL compensated the loss to the tune of DM 35,000 however the company was still under a loss of DM 21,469.63
- The appellant laid the complaint before the State Commission for the difference of the loss incurred by it in DM 21,469.63 equivalent to ₹ 4,29,392.60.
- The National Commission awarded deficiency amount only to the extent of $100 as clearly set out in the terms of the contract where liability of DHL was limited to $100 only.
- Important Notice. -By the conditions set out below DHL and its servants and agents are not liable for certain losses and damages.They are liable for the amount strictly stated in the conditions of the contract.Customers are hereby advised to purchase insurance cover to ensure that their interests are fully protected in all event.
- It is contended that besides the amounts awarded by the State Commission, liberty may be given to the appellant to pursue the remedy available in law.
