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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 Vermont, 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. While historically, this required a subjective agreement where each party's actual intent had to align, modern contract law in Vermont 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 document, rather than the subjective understanding or intent of the parties. If the language of the contract is clear, the courts will hold the parties to those terms, even if one party claims they had a different understanding. This objective approach helps to provide certainty and predictability in contractual relationships.

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Contracts

meeting of the minds

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Vermont State Code

Vermont State Code

Contracts

meeting of the minds

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