MUTUAL ASSENT definition
MUTUAL ASSENT is better known as the agreement. way to test this: was an offer made and was an acceptance given?
MUTUAL ASSENT or "a meeting of the minds" means that both parties have reached agreement on the contract's essential terms. Fenix Enterprises, Inc. v. M & M Mortg. Corp., Inc. (S.D.Ohio 2009), 624 F. Supp. 2d 834, 841. A meeting of the minds occurs if "a reasonable person would find that the parties manifested a present intention to be bound to an agreement." Zelina v. Hillyer, 165 Ohio App.3d 255, 2005-Ohio-5803, ¶12. "The parties must have a distinct and common intention that is communicated by each party to the other." Champion Gym & Fitness, Inc. v. Crotty, 178 Ohio App.3d 739, 744, 2008-Ohio-5642, ¶12. Moreover, for a contract to be valid and enforceable, the contract must be specific as to its essential terms, such
Examples of MUTUAL ASSENT in a sentence
HAS BEEN THOROUGHLY AND MUTUALLY CONSULTED AND NEGOTIATED BETWEEN THE TWO PARTIES, AND THAT AS SUCH THE TERMS AND CONDITIONS UNDER THIS AGREEMENT DO NOT CONSTITUTE AN ADHESIVE CONTRACT IMPOSED BY EITHER PARTY BUT IS REFLECTION OF THE TRUE MUTUAL ASSENT OF BOTH PARTIES.
BY ACCESSING THE WEBSITE SET FORTH ABOVE, RECIPIENT (I) ACKNOWLEDGES THAT RECIPIENT HAS ACTED VOLUNTARILY AND AGREES TO THE TERMS HEREOF WITHOUT ANY FURTHER ACTION OR SIGNATURE NECESSARY, AND (II) WAIVES ANY DEFENSE THAT THIS AGREEMENT IS UNENFORCEABLE FOR LACK OF MUTUAL ASSENT OR CONSIDERATION.