What must be proven objectively in contracts through an offer and acceptance?

The concept of mutual assent is crucial in contract law, as it signifies that both parties have come to a shared understanding and agreement regarding the terms of the contract. This is established through the processes of offer and acceptance. In other words, one party must present an offer, and the other must accept it for a contract to be valid.

Mutual assent demonstrates that there is a clear and common agreement on the basic elements of the contract, including its terms and conditions. This mutual understanding is not just subjective feelings but must be proven objectively through the actions and words of the parties involved. When an offer is made and clearly accepted, this creates evidence of mutual consent, which is essential for the enforcement of contractual obligations.

In contrast, while contractual intention relates to the desire to enter into a legal obligation, consideration refers to the value exchanged between parties, and capacity to contract involves the legal ability of parties to enter into a contract. These elements might need to be present in a valid contract as well, but they do not specifically focus on the framework of offer and acceptance required to establish mutual assent.