Richard Austen-Baker, a researcher in English law, suggested that the continuation of the concept at present should be based on a confusion of the concept with the concept of consensus ad idem (“Agreement on the same thing”, which is an undisputed requirement of synallagatic contraction, and that this confusion may be the result of the recent lack of knowledge of Latin.  Other ways of establishing group agreements may be more appropriate for shorter meetings or workshops or for groups that do not deal with emotional or controversial topics. In 1897, Oliver Wendell Holmes wrote that a meeting of minds was truly a fiction. There are many ways to create group agreements. To decide to use them, you can consider some of the following: whether the group will work together in the longer term, what is the controversy over the topic of the meeting or workshop, how long you have and how much confidence the group has in you as a mediator. a deal … Based on a meeting of spirits which, although not enshrined in an explicit treaty, is inferred as a fact of the behaviour of the parties who, given the circumstances of the spirit, show tacit understanding. A contract may stipulate that a defendant must pay a plaintiff for the use of a product or service for a specified amount. There could even be a hell or flood clause to enforce the complainant`s right to pay.
The defendant could argue that its understanding of the contract allowed payments to be made in a period other than the plaintiff. They could argue that payments would be discontinued over a long period of time if the contract does not contain a detailed language setting due dates. In this case, such a defence could fail in court if it can be shown that a reasonable person reviewing the contract would in fact be interpreted with the same respect as that advanced by the applicant in his argument. This would mean that the meeting of minds was alluding to the understanding of certain payment terms. For groups working together over a long period of time, it may be worth spending a little more time developing a longer-term group agreement. You can use a process like the one described below. Although the time of a group agreement sometimes seems a little frustrating, you gain that time later. This makes your event much more fluid.
However, contractual disputes may arise later in the event of a problem. In some cases, the elements of the contract may be called into question. A meeting of minds means that both parties understand and accept, therefore, capacity is generally an element that can be considered if a party suggests a misunderstanding.