| 释义 |
meeting of the minds
meeting of (the) mindsA situation in which two or more people reach an understanding or agreement. There was a meeting of the minds between finance industry leaders and law enforcement in order to help curb financial fraud. After debating for hours, we finally came to a meeting of minds and decided on a name for our band.See also: meeting, mind, ofmeeting of the mindsthe establishment of agreement; complete agreement. After a lot of discussion we finally reached a meeting of the minds. We struggled to bring about a meeting of the minds on the issues.See also: meeting, mind, ofmeeting of the mindsAgreement, concord, as in The teachers and the headmaster had a meeting of the minds regarding smoking in school. This expression uses meet in the sense of "arrive at mutual agreement," as clergyman Edward B. Pusey did in a letter of 1851: "Devout minds, of every school ... meet at least in this." See also: meeting, mind, of meeting of the minds Agreement; concord.See also: meeting, mind, ofmeeting of the minds, aA mutual agreement or understanding. The term comes from contract law, where it describes the intentions of the parties to a contract. The legal sense dates from the mid-1800s. Jurist Oliver Wendell Holmes refuted the idea that such an agreement is basic to a contract, writing in 1897 in the Harvard Law Review that a meeting of the minds was really a fiction. Nevertheless, the term has been adopted for various kinds of agreement. For example, a headline in an online journal, Technorati, for an article by Scott Hewitt about a meeting between President Obama and Republican senate minority leader Mitch McConnell read, “Is an Obama-McConnell Meeting of the Minds an Omen for November?” (August 6, 2010).See also: meeting, ofmeeting of the minds
meeting of the mindsn. when two parties to an agreement (contract) both have the same understanding of the terms of the agreement. Such mutual comprehension is essential to a valid contract. It is provable by the express provisions of a written contract, without reference to any statements or hidden thoughts outside the writing. There would not be a meeting of the minds if Bill Buyer said, "I'll buy all your stock," and he meant shares in a corporation, and Sam Seller said, "I'll sell all my stock to you," and meant his cattle. (See: contract) meeting of the minds
meeting of the mindsA requirement for the formation of a valid and enforceable contract is that the parties must agree to the same thing.If there is a mutual mistake of fact regarding one of the critical elements of a contract, there has been no meeting of the minds and the contract may be set aside. AcronymsSeeMOTM |