Ad idem

Ad idem meaning

Ad idem is a Latin expression that means "meeting of minds." This also means "to the same point of matter," according to Black's Law Dictionary. If two parties to a contract interpret the terms and conditions of the contract in the same way, the parties are said to be 'ad idem' (their minds have met).

In Harvey v Facey [1893] AC 552 Harvey sent Facey a telegram. It said, "Will you sell us Bumper Hall Pen? Telegraph lowest cash price". Facey replied that same day, “Lowest price for Bumper Hall Pen £900.” Harvey responded, “We agree to buy Bumper Hall Pen for the sum of nine hundred pounds asked by you. Please send us your title deeds in order that we may get early possession.” This was an attempt to try and accept this price. It cannt be said the parties were consensus ad idem.

consensus ad idem

Consensus ad idem refers to the mutual agreement and understanding between parties to a contract with respect to the essential terms and conditions of the agreement. In order for a contract to be valid, there must be consensus ad idem between the parties. This means that each party must understand and agree to the same thing, otherwise there is no true agreement. Consensus ad idem is critical to ensuring that contracts are enforceable and that parties can rely on them with confidence. Without it, contracts would be meaningless and the legal system would be unable to uphold agreements.

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