Dive into the essentials of contract formation with the Study for the Bar in Your Car podcast! This episode is a deep dive into mutual assent, that crucial "meeting of the minds" that forms the bedrock of a legally binding agreement. Mastering this concept is fundamental for the bar exam.

Mutual assent requires two key elements: a valid offer and a valid acceptance. We dissect what transforms a communication into a valid offer, which involves the offeror showing a clear willingness to enter a deal on specific terms. This intent is judged by an objective standard – how a reasonable person in the offeree's shoes would understand it, not secret intentions. An offer must also be reasonably certain in its terms, typically identifying parties, subject matter, and price or a way to calculate it. We also distinguish true offers from mere invitations to negotiate, like quotes or inquiries.

Next, we explore acceptance, the offeree's demonstration of agreement to the offer's terms. Like the offer, acceptance is judged objectively. The general rule is the mirror image rule: acceptance must perfectly mirror the offer's terms. Any change typically creates a counter offer and rejects the original offer. However, we cover important UCC exceptions for the sale of goods, where shipment of a different quantity can sometimes constitute acceptance, creating a contract for the goods shipped but potentially also a breach for the missing items.

The podcast also touches on unilateral contracts, where acceptance happens by performing the requested action rather than making a promise. Notably, once performance begins in a unilateral contract, the offeror's ability to revoke the offer is generally limited, giving the offeree reasonable time to finish. Simply preparing to perform usually isn't enough. Remember, the offeror is the "master of their offer" and sets the rules for acceptance. Knowledge of the offer is absolutely essential for valid acceptance.

We also look at implied-in-fact agreements, where terms are shown through the parties' conduct rather than explicit words.

Finally, we tackle indefiniteness. For a contract to be enforceable, its terms must be reasonably certain to allow a court to determine if a breach occurred and fashion a remedy. We discuss how the UCC often allows courts to supply reasonable missing terms if the parties intended to contract, unlike common law where leaving material terms open (an "agreement to agree") can be problematic.

Understanding these core principles of mutual assent is crucial for your bar prep. Tune in to gain a solid, clear understanding of how contracts are formed!