Meeting of the minds

The Meeting of the Minds (also referred to as mutual assent) is a term in contract law used to describe the intentions of the parties forming the contract. In particular it refers to the situation where there is a common understanding in the formation of the contract. This condition is often considered a necessary requirement to the formation of an enforceable contract.

The reasoning is that a party should not be held to a contract that they were not even aware existed. A mutual promise between friends over simple personals matter should not be a situation where legal remedies are to be used. Equally any such agreement where the obligation is primarily a moral one rather than a legal one should not be enforceable. It is only when all parties involved are aware of the formation of a legal obligation is there a meeting of the minds.