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 Washington State, the concept of 'meeting of the minds' is essential for the formation of a legally binding contract. This principle, also known as mutual agreement, mutual assent, or mutuality, implies that all parties involved must understand and agree to the terms of the contract. While historically, this agreement was determined based on the subjective understanding of the parties, modern contract law in Washington emphasizes an objective standard. This means that the courts will enforce the terms of a contract based on their clear and unambiguous written expression, rather than the subjective intent or understanding of the parties. If the language of the contract is explicit and leaves no room for differing interpretations, the contract will be upheld, even if a party later claims a different understanding of the terms. This objective approach helps to provide certainty and predictability in contractual relationships.