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 Nevada, 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 also referred to as mutual assent or mutuality. While historically, the subjective intentions of the parties were considered important to establish a meeting of the minds, modern contract law in Nevada emphasizes an objective standard. This means that the courts will enforce the terms of a contract based on the clear and unambiguous language contained within the contract itself, rather than the subjective understanding or intentions of the parties. If the language of the contract is clear and unequivocal, the courts will hold the parties to those terms, even if one party claims a different understanding of the terms. This objective approach helps to provide certainty and predictability in contractual relationships.