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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 Georgia, 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 the intentions of the parties must align. However, the modern approach, which Georgia courts also follow, emphasizes an objective interpretation of the agreement. This objective standard assesses whether the terms of the contract are clear and unambiguous to a reasonable person. If they are, the contract is enforceable as written, regardless of any subjective misunderstanding by one of the parties. Therefore, in Georgia, the actual enforcement of a contract relies more on the written or expressed terms and less on the individual parties' internal understanding or intent.

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Contracts

meeting of the minds

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Georgia State Code

Georgia State Code

Contracts

meeting of the minds

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