Meeting of the minds, also called mutual agreement, mutual assent, or consensus ad idem, is a phrase used in contract law to describe a shared understanding between the parties forming a contract as to its terms. Contract formation begins with an offer or proposal, and in some jurisdictions a genuine meeting of the minds on that offer is treated as a required element before a binding contract can be said to exist. This description is adapted from Wikipedia contributors under CC BY-SA 4.0; changes were made. https://creativecommons.org/licenses/by-sa/4.0/
Facts
Partially Attested
Origin Period19th century (will theory of contract, 1840) 2 The source dates the will theory of contract that underlies the phrase to 1840 and does not give a date for the phrase itself. Origin Period (category)19th Century (1800-1899) 2 w-axisfix-rest-0926: category derived from this entity's own free-text property; the source property's own status carries whatever is unresolved. Core PrincipleA contract is formed only when each party has, judged by objective conduct, manifested assent to the same terms. 2 Classification
Doctrine Category Connections
In Area Of Law
Entity-backed identity for the doctrine category value this doctrine already carries as an enum fact, resolved to a doctrine entity by an explicit value-to-entity map (phase 3 bucket conversion, docs\design_entity_backed_browse_buckets_20260928.md). The enum fact itself stays on the entity unchanged.
Sources
1. Wikipedia: Meeting of the minds
a phrase in contract law used to describe the intentions of the parties forming the contractView the Source 2. Meeting of the minds (Wikipedia)
Concept in academic work section
German jurist Friedrich Carl von Savigny is usually credited with developing the will theory of contract in his work System des heutigen Römischen Rechts (1840).
History section
There must be evidence that the parties had each, from an objective perspective, engaged in conduct manifesting their assent, and a contract will be formed when the parties have met such a requirement.
- In Group: Contract Formation and Consideration Doctrines, there is a common understanding in the formation of the contract
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