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 Maine, 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 through an objective standard rather than a subjective one. This means that the courts will look at the outward expressions of agreement (such as written contracts, actions, and spoken words) to determine if a contract was formed, rather than trying to ascertain the internal thought processes of the parties. If the terms of the contract are clear and unambiguous, the courts in Maine will enforce the contract as it is written, even if a party claims a different personal understanding of the terms. This objective approach helps to provide certainty in contractual relationships and ensures that the enforcement of contracts is based on the parties' expressed intentions rather than undisclosed thoughts or understandings.