Chapter II - Of Contracts, Voidable Contracts and Void Agreements
Section 13
Section 13: what consent means
Section 13 asks whether the parties agreed on the same thing in the same sense. It is the basic shared-understanding test before asking under Section 14 whether consent was free.
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Need advice on Section 13?
This article is for general information. Refer to the Indian Contract Act, 1872 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
Two or more persons are said to consent when they agree upon the same thing in the same sense.
Key takeaways
Shared understanding
Parties must agree on the same subject matter and meaning; matching words alone do not resolve a materially different understanding.
Separate from free consent
Section 13 defines consent. Section 14 separately considers whether that consent was caused by coercion, undue influence, fraud, misrepresentation or mistake.
Identify the actual bargain
Check that the offer and acceptance identify the same goods, services, price and material obligations. A disputed reference or inconsistent specification can show that the parties understood different bargains.
Keep the exchange clear
Retain the final proposal, acceptance and agreed schedules so the subject matter and terms can be reconstructed from the parties' communications.
Practical checklist
Do
- Use precise descriptions and versions of commercial schedules.
- Confirm material changes with both parties before performance.
Avoid
- Do not assume two signatures cure an unresolved difference over what is being bought or promised.
Frequently asked questions
Is consent the same as free consent?
No. Section 13 defines agreement on the same thing in the same sense; Section 14 separately defines when consent is free.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026