JD Next Practice Exam

Which statement signifies "a meeting of the minds"?

1. Consensus ad idem

2. Offer and Acceptance

3. Consideration

4. Implied Terms

The correct answer is: Consensus ad idem

The phrase "a meeting of the minds" is often used in legal contexts to describe when two parties reach a mutual understanding and agreement on the essential terms of a contract. This concept is most accurately captured by the term "consensus ad idem." It means that both parties share the same intention regarding the agreement, thus establishing a foundation for a binding contract. In contrast, the other choices relate to aspects of contract formation but do not specifically encapsulate the idea of mutual agreement as effectively. "Offer and Acceptance" refers to the process by which one party proposes terms and the other party accepts them, but it does not directly convey the mutual understanding that is essential for a "meeting of the minds." "Consideration" focuses on the value exchanged between parties but does not address their mutual understanding. "Implied Terms" pertains to provisions in a contract that are not explicitly stated but are understood as part of the agreement; however, it does not signify the fundamental agreement between the parties at the outset of their relationship. Thus, "consensus ad idem" is the most fitting statement that signifies a true agreement and shared intention between the parties involved.