Consensus
Consensus is the meeting of the minds between the parties that is required for the valid formation of a contract.
In Dutch contract law, consensus constitutes the foundation of the binding force of agreements. It signifies that the parties are in agreement on the essential elements of the contract, such as the subject matter and the price, resulting in a concurrence of wills.
Without consensus, no valid agreement is concluded, and a party may invoke its nullity or voidability. This prevents a person from being bound by a contract in respect of which no genuine agreement existed.
In practice, consensus is frequently evidenced by written documents, emails or the conduct of the parties, which is relevant in disputes concerning the interpretation or existence of a contract.
“As there was no consensus as to the delivery date, the court held that the agreement had not been validly concluded.”
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