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Contract Law - Mutual Assent

offer parties accepted acceptance

Traditionally, mutual assent has been described as a "meeting of the minds." This means that the parties involved in a contract must come to an agreement about the particulars of the transaction. Mutual assent is demonstrated by "offer" and "acceptance."

An offer is made when someone proposes an exchange of some sort. "I will sell you my guitar for $400" is an example of an offer. (Advertisements are usually not offers because they lack specific parties.) When the offer is accepted, the parties have mutually assented to enter into a contract.

Both offers and acceptances must be explicit in a contract. The statement "I might sell you my guitar for $400" would be considered an intent to negotiate rather than an actual offer. "Sure, I'll give you $300 for it" or "Yes, if you include the case and some strings" would not be an acceptance because the terms "accepted" are not the terms originally offered; such a statement would be deemed a counter-offer.

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over 3 years ago

Meeting of minds parties shall consist of an offer by one party followed by an acceptance by the other party. For the contract formation, each party must manifest assent with reference to the assent of the other. Without a doubt, offer must be communicated to the offeree, must manifest the intent to contract, and sufficiently define the terms of the contract.

This is the essential element in the formation of private contract because, contracts made in accordance with the law shall be binding between parties.

That is why the autonomy and good faith (bona fides) should be respected.
Dura lex, sed lex!

Me HAVUGIMANA Ignace (Attorney at Rwanda Bar Association)

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over 3 years ago

Meeting of minds parties shall consist of an offer by one party followed by an acceptance by the other party. For the contract formation, each party must manifest assent with reference to the assent of the other. Without a doubt, offer must be communicated to the offeree, must manifest the intent to contract, and sufficiently define the terms of the contract.

This is the essential element in the formation of private contract because, contracts made in accordance with the law shall be binding between parties.

That is why the autonomy and good faith (bona fides) should be respected.
Dura lex, sed lex!

Me HAVUGIMANA Ignace (Attorney at Rwanda Bar Association)

Vote down Vote up

over 3 years ago

Meeting of minds parties shall consist of an offer by one party followed by an acceptance by the other party. For the contract formation, each party must manifest assent with reference to the assent of the other. Without a doubt, offer must be communicated to the offeree, must manifest the intent to contract, and sufficiently define the terms of the contract.

This is the essential element in the formation of private contract because, contracts made in accordance with the law shall be binding between parties.

That is why the autonomy and good faith (bona fides) should be respected.
Dura lex, sed lex!

Me HAVUGIMANA Ignace (Attorney at Rwanda Bar Association)