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 Mississippi, the concept of 'meeting of the minds' is essential for the formation of a legally binding contract. This principle, also known as mutual agreement, mutual assent, or mutuality, requires that all parties involved in the contract have a common understanding and agreement on the terms and conditions of the contract. While historically, the subjective intent of the parties was considered, modern contract law in Mississippi, similar to other jurisdictions, emphasizes the objective theory of assent. This means that the courts will look at the outward expressions of agreement, such as the written contract, to determine if a valid contract exists. If the language in the contract is clear and unambiguous, the courts will enforce the terms as they are written, regardless of any party's subjective understanding. Therefore, it is crucial for parties entering into a contract in Mississippi to ensure that their intentions and agreements are clearly and accurately reflected in the written document to avoid any misunderstandings that could affect the enforceability of the contract.