CHARGE 4.10C — Page 1 of 2
4.10 BILATERAL CONTRACTS
C. EXISTENCE OF A LEGALLY ENFORCEABLE
CONTRACT (Approved 5/98)
A contract is a legally enforceable agreement to do or not to do
something.
Plaintiff claims that [party] and [party] entered into a contract to [explain
terms alleged]. The defendant claims [explain terms alleged]. To establish that
this contract existed, plaintiff must prove the following:
1. Meeting of the minds — the parties reached an agreement to (do
what is alleged).
2. Offer and acceptance — one party communicated a willingness to
enter into the agreement and the other party gave some outward
indication that the agreement was accepted.
3. Consideration — each party gave or promised something of value
to the other.
4. Certainty — the terms of the agreement were reasonably certain.
I will now explain these requirements in greater detail.
1. Meeting of the Minds:
For the parties to reach an agreement, they must have a meeting of the
minds on the material terms. To have a meeting of the minds, both parties
must understand what each is agreeing to do or not to do. The contract
cannot be based upon the secret or hidden intention or understanding of
one party.
2. Offer and Acceptance:
An offer occurs when one party communicates to another a willingness to
enter into a contract and does so under circumstances justify the other
party’s understanding that if the offer is accepted, an agreement would
result. An offer must be reasonably clear, definite and certain in all its
essential terms.
