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 West Virginia, 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 principle ensures that there is mutual assent or mutuality regarding the contract's obligations, rights, and benefits. However, the modern approach to this principle focuses on the objective manifestation of assent rather than the subjective intent of the parties. This means that if the terms of the contract are clear and unambiguous, the courts in West Virginia will enforce the contract as written, regardless of any party's subjective understanding or claims of misunderstanding. The objective standard protects the integrity of contractual agreements by relying on the expressed terms of the contract rather than the internal, unexpressed intentions of the parties.