The Namibian legal system states that in the absence of a consensus ad idem, no contract may exist. Examine how our courts have addressed and interpreted the existence or non existence of consensus ad idem, with reference to settled decisions and general principles of contract law
Sample solution
Dante Alighieri played a critical role in the literature world through his poem Divine Comedy that was written in the 14th century. The poem contains Inferno, Purgatorio, and Paradiso. The Inferno is a description of the nine circles of torment that are found on the earth. It depicts the realms of the people that have gone against the spiritual values and who, instead, have chosen bestial appetite, violence, or fraud and malice. The nine circles of hell are limbo, lust, gluttony, greed and wrath. Others are heresy, violence, fraud, and treachery. The purpose of this paper is to examine the Dante’s Inferno in the perspective of its portrayal of God’s image and the justification of hell.
In this epic poem, God is portrayed as a super being guilty of multiple weaknesses including being egotistic, unjust, and hypocritical. Dante, in this poem, depicts God as being more human than divine by challenging God’s omnipotence. Additionally, the manner in which Dante describes Hell is in full contradiction to the morals of God as written in the Bible. When god arranges Hell to flatter Himself, He commits egotism, a sin that is common among human beings (Cheney, 2016). The weakness is depicted in Limbo and on the Gate of Hell where, for instance, God sends those who do not worship Him to Hell. This implies that failure to worship Him is a sin.
God is also depicted as lacking justice in His actions thus removing the godly image. The injustice is portrayed by the manner in which the sodomites and opportunists are treated. The opportunists are subjected to banner chasing in their lives after death followed by being stung by insects and maggots. They are known to having done neither good nor bad during their lifetimes and, therefore, justice could have demanded that they be granted a neutral punishment having lived a neutral life. The sodomites are also punished unfairly by God when Brunetto Lattini is condemned to hell despite being a good leader (Babor, T. F., McGovern, T., & Robaina, K. (2017). While he commited sodomy, God chooses to ignore all the other good deeds that Brunetto did.
Finally, God is also portrayed as being hypocritical in His actions, a sin that further diminishes His godliness and makes Him more human. A case in point is when God condemns the sin of egotism and goes ahead to commit it repeatedly. Proverbs 29:23 states that “arrogance will bring your downfall, but if you are humble, you will be respected.” When Slattery condemns Dante’s human state as being weak, doubtful, and limited, he is proving God’s hypocrisy because He is also human (Verdicchio, 2015). The actions of God in Hell as portrayed by Dante are inconsistent with the Biblical literature. Both Dante and God are prone to making mistakes, something common among human beings thus making God more human.
To wrap it up, Dante portrays God is more human since He commits the same sins that humans commit: egotism, hypocrisy, and injustice. Hell is justified as being a destination for victims of the mistakes committed by God. The Hell is presented as being a totally different place as compared to what is written about it in the Bible. As a result, reading through the text gives an image of God who is prone to the very mistakes common to humans thus ripping Him off His lofty status of divine and, instead, making Him a mere human. Whether or not Dante did it intentionally is subject to debate but one thing is clear in the poem: the misconstrued notion of God is revealed to future generations.
References
Babor, T. F., McGovern, T., & Robaina, K. (2017). Dante’s inferno: Seven deadly sins in scientific publishing and how to avoid them. Addiction Science: A Guide for the Perplexed, 267.
Cheney, L. D. G. (2016). Illustrations for Dante’s Inferno: A Comparative Study of Sandro Botticelli, Giovanni Stradano, and Federico Zuccaro. Cultural and Religious Studies, 4(8), 487.
Verdicchio, M. (2015). Irony and Desire in Dante’s” Inferno” 27. Italica, 285-297.
Sample Answer
Sample Answer
Title: The Significance of Consensus Ad Idem in Namibian Contract Law
Introduction
In Namibian contract law, the principle of consensus ad idem, which means a meeting of the minds, is fundamental in determining the existence of a valid contract. The legal system in Namibia emphasizes that without a consensus ad idem, no contract can be said to exist. This essay will delve into how Namibian courts have interpreted and addressed the concept of consensus ad idem, examining settled decisions and general principles of contract law.
Thesis Statement
The Namibian legal system places great importance on consensus ad idem in contract formation, and courts have consistently upheld this principle in various cases, ensuring that parties must have a mutual understanding and agreement on the essential terms of a contract for it to be legally binding.
Importance of Consensus Ad Idem
Consensus ad idem is a Latin term that translates to “meeting of the minds.” It signifies that for a contract to be valid, both parties must agree on the same thing in the same sense. This mutual agreement on the essential elements of a contract is crucial in establishing the intention to create legal relations.
Interpretation by Namibian Courts
Namibian courts have consistently emphasized the significance of consensus ad idem in contract law. In the case of Mwazi v Nambinga, the court ruled that for a valid contract to exist, there must be a clear agreement between the parties on the terms and conditions. Any lack of mutual understanding or ambiguity can render the contract unenforceable.
Moreover, in Namib Plains Farming and Tourism CC v Outapi Town Council, the court reiterated that consensus ad idem is essential for a contract to be binding. The court emphasized that parties must share a common understanding of the essential terms and that any divergence in understanding can invalidate the agreement.
Application of General Principles
Namibian courts apply general principles of contract law to determine the existence or non-existence of consensus ad idem. These principles include offer and acceptance, intention to create legal relations, certainty of terms, and capacity to contract. Courts analyze these elements to ascertain whether parties have reached a meeting of the minds.
Conclusion
In conclusion, the Namibian legal system underscores the importance of consensus ad idem in contract formation. Courts have consistently upheld this principle, requiring parties to have a mutual understanding and agreement on the essential terms of a contract for it to be legally binding. By interpreting settled decisions and applying general principles of contract law, Namibian courts ensure fairness and clarity in contractual relationships.
