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Simple English definitions for legal terms
aggregatio mentium
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A quick definition of aggregatio mentium:
Aggregatio mentium means gathering together of minds in Latin. It refers to the meeting of the minds between two parties in a contract, where both parties agree on the same terms, conditions, and subject matter. This agreement is required for the formation of a contract, and it used to be based on subjective theory of assent, but modern contract doctrine only requires objective manifestations of assent. It is also known as mutuality of assent or assensio mentium.
A more thorough explanation:
Definition: Aggregatio mentium (ag-rə-gay-shee-oh men-shee-əm) is a Latin term that means "gathering together of minds." It refers to the meeting of the minds, which is the actual assent by both parties to the formation of a contract, meaning that they agree on the same terms, conditions, and subject matter.
For example, if two people agree to buy and sell a car for a certain price, they must both understand and agree to the terms of the contract. This means that they have reached an aggregatio mentium or a meeting of the minds.
Aggregatio mentium is important in contract law because it ensures that both parties have a clear understanding of the agreement they are entering into. It is required under the traditional subjective theory of assent, but modern contract doctrine requires only objective manifestations of assent.
Overall, aggregatio mentium is a crucial element in the formation of a contract, as it ensures that both parties are on the same page and have agreed to the same terms.