One of the 4 classes law school required me to take way back when was Contracts. The very first thing I remember learning was that a contract is formed when there is a "meeting of the minds." That phrase is still the law today and still used in jury instructions! The Minnesota Supreme Court used it in a written opinion in 2011 when analyzing when, or if, a contract had been formed.
A meeting of the minds can occur through oral exchanges, writings, or a blend of both. Over and above the "meeting of the minds" standard, Minnesota more fully explains the law in that a contract is formed when the parties (1) exchange bargained-for promises, (2) show mutual assent to this exchange, and (3) support their exchange of promises with consideration. Med. Staff of Avera Marshall Reg’l Med. Ctr. v. Avera Marshall, 857 N.W.2d 695, 701 (Minn. 2014).
Despite the urging of many lawyers, myself included, contracts that do not get reduced to writing are often riddled with ambiguities. When the parties dispute the existence and terms of a contract, these issues become questions for the fact-finder. Morrisette v. Harrison Int’l Corp., 486 N.W.2d 424, 427 (Minn. 1992); see also Roske v. Ilykanyics, 45 N.W.2d 769, 776 (Minn. 1951). In other words, if Jenny in Hugo calls Joseph in Forest Lake and they strike a deal...maybe....but can't agree if they have a deal or, if they do have a deal what the terms are, a judge or jury will decide for them whether there is a deal and, if so, what the terms are.
So, be very very careful on what you say. Be more careful to document with clarity and certainty your position if there's a deal. Millions of dollars and your livelihood could depend on one single text message, e-mail, or phone call.
The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. All information contained in links are the property of the linked site.
