Meeting Of The Minds

Meeting of the minds

http://en.wikipedia.org/wiki/Meeting_of_the_Minds

Quote:
Meeting of the minds (also referred to as mutual assent or consensus ad idem) is a phrase 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 a 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 personal matters 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.
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Meeting of the minds