Meeting of the minds (also known as mutual agreement, mutual assent, or mutuality) is a principle of contract law that requires the parties to mutually agree to the terms to form an enforceable contract.
Although a meeting of the minds was traditionally required under the subjective theory of assent to contract terms, today’s courts generally only require an objective manifestation of assent—meaning that if the written words of the contract have a clear, unambiguous meaning they will be enforced as written, even if one of the parties claims to have understood them differently.
In Alaska, as in other states, the concept of 'meeting of the minds' is fundamental to contract law. It requires that all parties involved in a contract have a mutual understanding and agreement on the terms and conditions of the contract for it to be enforceable. This means that there must be a clear offer and acceptance, and each party must consent to the same thing in the same sense. While historically, the subjective intent of the parties was considered, modern contract law in Alaska emphasizes the objective theory of assent. This means that the courts will enforce the terms of a contract based on the objective, reasonable interpretation of the words within the contract, rather than the subjective understanding of any individual party. If the language of the contract is clear and unambiguous, the courts will hold the parties to those terms, even if one party claims a different understanding or intent. This objective standard helps to provide consistency and predictability in the enforcement of contracts.