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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 New Mexico, as in other jurisdictions, 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 objectively; what matters is not what each party subjectively believed or intended, but how their words, actions, and the contract's terms would be interpreted by a reasonable person. If the terms of the contract are clear and unambiguous, the courts in New Mexico will enforce the contract as written, even if a party later claims a different understanding or intention. This objective standard helps ensure fairness and predictability in contractual relationships, as parties are held to what they outwardly expressed rather than any undisclosed intentions.

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Contracts

meeting of the minds

Individual & Family Legal Plan

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Contracts

meeting of the minds

Articles