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Consideration is the main element of a contract. Without consideration by both parties, a contract cannot be enforceable. For instance, if a person used the money to purchase an apple, the apple is the merchant's consideration, and the money is the person's consideration.
Offer and Acceptance The offeree accepts or declines the offer. If the offer is accepted by the offeree, and all things are legal, there is a mutual agreement. This agreement is called mutual assent, meaning two parties agreed upon something and are prepared to enter into a contract.
Under modern contract law, mutual assent must be proven objectively. Thus, courts will look to outward expressions of the parties to determine mutual assent, often established by showing an offer and acceptance (e.g., an offer to do X in exchange for Y, followed by an acceptance of that offer).
Mutual assent refers to an agreement by all parties to a contract. Mutual assent is an essential element in the formation of a valid contract. Under modern contract law, mutual assent must be proven objectively.
The two elements of mutual assent are offer and acceptance. An offer is made in the promise to do something or stop doing something in return for something of value while an acceptance means the offeree accepts the terms of the agreement.
 
                     
                     
                     
                    