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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 Illinois, 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 through an objective standard rather than a subjective one. This means that Illinois courts will look to the clear language of the contract to determine if a valid agreement exists. If the terms are unambiguous and the parties' outward expressions of agreement (such as signatures, actions, or written acceptance) indicate that they have agreed to those terms, the contract will generally be upheld, even if a party later claims a different understanding of the terms. This objective approach helps ensure fairness and predictability in contractual relationships.

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Contracts

meeting of the minds

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Illinois State Code

Illinois State Code

Contracts

meeting of the minds

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