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today we explore the concept of mutual assent by examining the case of Embry versus harga dime and some relevant provisions of the Uniform Commercial Code mutual assent describes an agreement between two parties that intend to form a contract before we take a look at Embry lets discuss why mutual assent is such an important concept as you know parties often have extensive negotiations before signing the contract these negotiations happen over time that are subject to the parties choice and not predetermined by law or circumstance parties can discuss everything from price quantity quality the method of payment which party will bear certain risks the distribution of the relationship at the duration of the relationship and so forth at some point the parties will end the negotiations and might agree to be bound by contractual obligations in other words they might bring the contract into formal existence freedom from contract is just as important as freedom to contract individuals dont ha
