Multiple choice

Fact: A who owns two cars, one maruti and the other Santro, offers to sell B one car. A intending it to be the Maruti car B accepts the offer thinking that it is the santro. Issue: Is A liable?

  1. A is not liable because there is no consensus and hence no contract.

  2. A is liable because once he had offered the contract is complete.

  3. It is upto the court to decide the liability

Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

For a valid contract, there must be consensus ad idem (meeting of minds) on the same subject matter. Here A intends to sell Maruti but B thinks Santro - no consensus on which car. No valid contract was formed, so A is not liable. Option B is incorrect because offer+acceptance alone is insufficient without consensus.