What is meant by the principle of "mutual assent" in contract law?

The principle of "mutual assent" in contract law refers to the requirement that both parties involved in a contract must agree to the same terms of the agreement for it to be valid and enforceable. This concept ensures that there is a clear acceptance of terms presented by one party and that the other party has intended to accept those terms.

Mutual assent is typically evidenced through an offer made by one party and an acceptance of that offer by another, demonstrating that both parties have a shared understanding and commitment to the contract's obligations. It plays a critical role in distinguishing a legitimate contract from an agreement that may be based on misunderstandings or differing intentions.

While it is true that changes to the contract can occur later with mutual consent, that concept does not define mutual assent itself. Similarly, separate legal representation and the requirement for both parties to provide evidence to support claims do not encapsulate the essence of mutual assent, which is fundamentally about agreement on the terms between the parties.