Mutuality of Consent (Mutual Assent)

Definition: Mutuality of consent means the parties show agreement to the same contract terms. It is also called mutual assent and is commonly established through offer and acceptance.

Example

The seller accepts the buyer’s stated price, closing date, and other terms without proposing different terms.

Keep the distinction clear

A private intention to agree is not enough. The parties’ words and conduct must communicate assent; unresolved material terms can prevent an agreement.

Related terms

Offer · Counteroffer · Contract

Keep studying

Valid, Void, Voidable, and Unenforceable Contracts

References: Cornell LII: mutual assent

Pronunciation (US): myoo-chuh-WAL-uh-tee uhv kuhn-SENT (capitals show stress)

Pronunciation reference: Merriam-Webster