Also known as: meeting of the minds · meetings of minds · meetings of the minds · mutual assent · consensus ad idem
Written by attorneys · grounded in primary & secondary sources — see below
A manifestation of mutual assent by two or more parties to an exchange of promises or performances.
Megan Moore agreed to sell Mohan Malhotra a shipment of wheat from the Peerless. Each attached a different vessel to the name without realizing the discrepancy. Because neither knew of the other's meaning, no contract formed.
Matthew Martinez offered to handle litigation for Mirage Hotels for a flat fee if files arrived. The general counsel nodded, shook hands, and immediately couriered boxes of documents. That conduct manifested mutual assent to the exchange.
Melanie Morris promised to supply grain to Metro Bank at a set price. Metro Bank began accepting deliveries under the arrangement without further discussion. Each party's conduct supplied the required manifestation of mutual assent.
Select any source to read its text and confirm it supports the definition.
Ming Ma proposed that Mosaic Retail purchase seasonal displays on stated terms. Mosaic Retail responded by placing an initial order and scheduling delivery. The sequence of proposal followed by responsive performance created mutual assent.
Mariam Mansour and Meridian Motors repeatedly exchanged price lists and placed orders over several months without a single formal document. Their ongoing pattern of proposals and acceptances established mutual assent even though no discrete offer-acceptance moment could be pinpointed.
Mohan Malhotra mailed an offer to supply parts to Megan Moore that invited acceptance by shipment. Moore retained the power to complete mutual assent by sending conforming goods within the time stated. Until that power terminated, the offer kept the path to assent open.
Mutual assent requires each party to make a promise or begin or render a performance. Conduct alone can supply the manifestation even without words.
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No contract forms if the parties attach materially different meanings to their manifestations and neither knows nor has reason to know the meaning attached by the other, or if each knows or has reason to know the other's meaning.
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Yes. A manifestation of mutual assent may be made even though neither offer nor acceptance can be identified and even though the moment of formation cannot be determined.
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An offer gives the offeree a continuing power to complete the manifestation of mutual assent by acceptance until the power terminates under the rules governing termination.
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Repeated occasions for performance accepted without objection help determine the meaning the parties attached to their manifestations and whether assent occurred.
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