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Contracts

meeting of the minds

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 Colorado, 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 mutual agreement is assessed objectively; what matters is not what each party subjectively believed, but how their agreement is manifested through their actions and the contract's language. If the terms of the contract are clear and unambiguous, Colorado courts will enforce the contract as it is written, even if a party claims a different personal understanding. This objective standard helps to provide certainty in contractual relationships and ensures that the enforcement of contracts is based on the expressed intentions of the parties as reflected in the contract itself.

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Contracts

meeting of the minds

Individual & Family Legal Plan

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Colorado State Code

Contracts

meeting of the minds

Articles