Question

The Law of Contract is not related to which of the following maxims_______________

A Quid Pro Quo Correct Answer Incorrect Answer
B Consensus Ad Idem Correct Answer Incorrect Answer
C Assentio Mentium Correct Answer Incorrect Answer
D Ex Nudo Pacto Action Non Oritur Correct Answer Incorrect Answer
E Actus Non Facit Reum Nisi Mens Sit Rea Correct Answer Incorrect Answer

Solution

Actus Non Facit Reum Nisi Mens Sit Rea, Explanation: Actus Non Facit Reum Nisi Mens Sit Rea- An act does not make one guilty unless there is a criminal intent. To be guilty of a crime under criminal law two elements are considered i.e., guilty act and a guilty state of mind. Without a guilty mind or a criminal intent, there cannot be any crime. Therefore, an act in itself does not make a man guilty, unless his intention is so. Quid Pro Quo- Something for something. Generally, quo pro quo is consideration i.e., something in return for something or something in exchange for something. Thus, it signifies consideration which forms the part of a contract and passes from one parry to the other and thereby making the agreement valid and binding. It forms an essential part of a valid contract. Consensus ad idem- Meeting of the minds or mutual agreement, Explanation: This is mostly used in contract law and which means that there is agreement between the parties to the contract or mutual agreement between all the parties to a contract. Assentio Mentium- It means meeting of minds or mutual consent which is either expressed or implied by both parties to a contract. It is synonymous with the legal term consensus ad idem and is most commonly used in contract law. Mutual consent is one of the essential elements in order to constitute a contract as per Section 10 of the Indian Contract Act, 1872 Ex Nudo Pacto Action Non Oritur- A contract without consideration is void and thus, no right of action arises from a contract entered into without consideration. It is one of the essential elements for the formation of a contract.

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