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 Florida, the concept of 'meeting of the minds' is essential for the formation of an enforceable contract. This principle dictates that all parties involved must mutually agree on the terms and conditions of the contract. While historically, this agreement was interpreted subjectively, modern Florida courts require an objective manifestation of assent. This means that the courts will enforce the terms of a contract based on their clear and unambiguous written language, rather than the subjective understanding of any party. If the language of the contract is explicit and leaves no room for differing interpretations, the courts in Florida will uphold the contract as it is written, even if a party contends that they had a different understanding of the terms.