Even though Tom was joking, Pam was serious and thought it was a valid offer she had accepted. Tom was surprised when Pam tried to get the contract and buy the farm. This would be considered a legally binding contract, as the parties took into account the terms, wrote them and added their signatures, which meant that there was a meeting of minds or mutual consent. If a court finds out that Pam was convinced that the deal was real, Tom might be forced to follow him. Mary looked for a used car in her local classifieds, found one she was interested in, and gave the number. Mary arranged with the owner of the car to look at the car in person. After a test drive, Mary Joe offers $5,000 for the car. Joe accepts the offer and makes the keys and title of the car available to Mary. In this case, Mary and Joe obtained mutual consent with respect to the purchase price and delivery of the car. Where there is mutual agreement but not expressed, the resulting contract is a tacit contract. There are two types of unspoken contracts: “in fact under-implied” and “implicit in legal contracts.” Mutual consent is an agreement between two parties who intend to enter into a contract. Mutual consent, also known as “meeting spirits,” means that the parties accept the conditions they have established, as long as the requirements are met. Such a consensus is the first step in the contractual process.
To study this concept, you must consider the following definition of mutual consent. The assumption can be as simple as saying “I accept your offer,” even if the comment is flippant or unstable in writing. If the person did not intend to proceed with the purchase, while he signed his agreement in his words, they did not give their mutual consent. Yes, for example. B, someone accidentally signs a comment that thinks it is a receipt, it would be a valid and therefore unenforceable lack of consent. It is possible that the errors could be reciprocal, where both parties made a false assumption, or could be considered unilateral, so that only one person who was wrong. Mutual consent consists of two main elements: an offer and an acceptance. An offer is a promise to do something or not to do something in exchange for something valuable.