Select your state

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 South Dakota, 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. South Dakota courts will enforce the clear and unambiguous language of a contract as it is written, even if a party claims a different personal understanding. This objective standard helps to provide certainty in contractual relationships and ensures that the enforceable terms are those that are expressly stated and agreed upon by the parties in their written contract.

Legal Articles

State Statutes

As a LegalFix Member You Will Be an Important Client of Local Law Firms

For about 82¢ a day you can have a LegalFix Legal Plan that includes initial consultations with an attorney at no additional charge—and additional legal services at reduced rates—all from top law firms in your state. Don't wait—be prepared for life's inevitable legal challenges, starting today.

And ask your employer, credit union, or membership group to offer LegalFix for even better pricing.

Contracts

meeting of the minds

As a LegalFix Member You Will Be an Important Client of Local Law Firms

Articles

South-Dakota State Code

South-Dakota State Code

Contracts

meeting of the minds

Articles