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 Louisiana, the concept of 'meeting of the minds' is essential for the formation of a valid contract. This principle, also known as mutual agreement, mutual assent, or mutuality, means that all parties involved must understand and agree to the terms of the contract for it to be enforceable. Louisiana law, influenced by the Civil Law system, requires this agreement to be genuine, meaning that the parties have a true understanding and acceptance of the obligations and benefits outlined in the contract. While traditional contract law emphasized a subjective theory of assent, where the actual intent of each party was considered, modern Louisiana contract law, similar to other jurisdictions, focuses on an objective theory. This means that the courts will look at the outward expressions of agreement, such as the written terms of the contract, and if these terms are clear and unambiguous, they will be enforced as written. This objective standard helps to provide certainty in contractual relationships, even if a party later claims a different understanding of the terms. It is important to note that Louisiana's unique legal system may have specific nuances in how these general principles are applied, so consulting with an attorney for contracts within the state is advisable.