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 Ohio, as in other states, 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; Ohio courts will look at the outward expressions of agreement (such as written contracts, actions, and statements) rather than the subjective intentions or understandings of the parties. If the terms of the contract are clear and unambiguous, the courts will enforce the contract as it is written, regardless of any party's claim that they subjectively understood the terms differently. This objective standard helps to provide certainty in contractual relationships and ensures that the enforcement of contracts is based on the reasonable expectations created by the parties' outward manifestations of assent.