contracts
mutual assent
Mutual assent is the agreement of all parties to the same terms of a contract, demonstrated by a valid offer and an unconditional acceptance. It is also known as a meeting of the minds and is an essential element of any contract. Mutual assent can be defeated if consent is obtained through fraud, misrepresentation, duress, or undue influence, or if the parties are mistaken about a basic fact.
- Exam tip
- Mutual assent, meeting of the minds, and offer-and-acceptance often appear as interchangeable answer choices. Fraud or duress undermines it, typically making the contract voidable.
- Example
- A buyer and seller both agree on a $400,000 price, a June 30 closing, and an inspection contingency, showing mutual assent.
Related terms & state variants
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Last verified: 2026-10-23