---
title: "Mutual Assent"
type: Legal Term
source: https://casebriefly.com/legal-terms/mutual-assent
---

# Mutual Assent

Mutual assent, often called a meeting of the minds, refers to the parties' shared agreement on the essential terms of a contract. Under the objective theory of contracts, courts determine mutual assent by examining outward expressions — words and conduct — rather than secret intentions. If a reasonable person in the position of the offeree would conclude that an agreement was reached, mutual assent exists regardless of either party's private reservations.

## Related Terms

- offer
- acceptance
- unconscionability

## Related Cases

- lucy-v-zehmer
- embry-v-hargadine
- raffles-v-wichelhaus

## Example

Two parties shake hands and sign a written agreement after negotiating terms. Even if one party secretly did not intend to be bound, a court may find mutual assent based on the outward manifestation.

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Source: [Mutual Assent — CaseBriefly](https://casebriefly.com/legal-terms/mutual-assent)