UJI 13-816. Mutual assent; definition.

Mutual assent requires a showing of agreement by the parties to the material terms of the contract. Mutual assent may be shown by the parties’ written or spoken words, by their acts or failures to act, or some combination thereof. Ordinarily, when one party makes an offer, and the other party accepts the offer, there is mutual assent. [When the parties attach materially different meanings to the words of an offer, there is no mutual assent if: 1. Neither party knows or has reason to know the meaning attached by the other; or 2. Each party knows or has reason to know the meaning attached by the other.]