Insightfulguy90
New member
Contract law: "meeting of the minds" vs. "manifestation of assent"?
Is there a difference between those two terms? I'm in a Contract law class right now and I've always heard the term "meeting of the minds" used in our textbook and in our lectures to describe that both parties have agreed to form a valid contract. In other words, the two parties agree to the terms of the contract and wish to form a contractual relationship.
I would say that "meeting of the minds" is the correct term to describe the agreement between the two parties.
We had a question on our practice test asking:
True or False: Modern contract law is based on the "manifestation of assent" and not on the meeting of the minds."
So is "manifestation of assent" like a form of acceptance?
I put false for that question too because I never heard my instructor say "manifestation of assent" in his lectures.
I see "meeting of the minds" used more frequently in my textbook too.
I see.
I think meeting of the minds is still the better the term to describe contract law though because without meeting of the minds, no valid contract can be made.
Thank you for you help!!
So manifestation of assent is like someone nodding their head in approval. But they're not officially approving the terms of the contract.
Is there a difference between those two terms? I'm in a Contract law class right now and I've always heard the term "meeting of the minds" used in our textbook and in our lectures to describe that both parties have agreed to form a valid contract. In other words, the two parties agree to the terms of the contract and wish to form a contractual relationship.
I would say that "meeting of the minds" is the correct term to describe the agreement between the two parties.
We had a question on our practice test asking:
True or False: Modern contract law is based on the "manifestation of assent" and not on the meeting of the minds."
So is "manifestation of assent" like a form of acceptance?
I put false for that question too because I never heard my instructor say "manifestation of assent" in his lectures.
I see "meeting of the minds" used more frequently in my textbook too.
I see.
I think meeting of the minds is still the better the term to describe contract law though because without meeting of the minds, no valid contract can be made.
Thank you for you help!!
So manifestation of assent is like someone nodding their head in approval. But they're not officially approving the terms of the contract.