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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 Nebraska, the concept of 'meeting of the minds' is essential for the formation of a legally binding contract. This principle, also known as mutual agreement or mutual assent, implies that all parties involved must understand and agree to the terms of the contract. While historically, this agreement was interpreted subjectively, modern Nebraska courts focus on an objective interpretation. This means that the courts will enforce the terms of a contract based on the clear and unambiguous language contained within the document, rather than the subjective understanding of the parties. If the language of the contract is explicit and the intent to enter into a contract is evident, the courts in Nebraska will typically uphold the agreement, even if one party later claims a different understanding of the terms.

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Contracts

meeting of the minds

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Nebraska State Code

Nebraska State Code

Contracts

meeting of the minds

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