Which type of contract requires mutual consent to be binding?

A contract that requires mutual consent to be binding is known as an express contract. This type of contract is formed when the terms are clearly stated either verbally or in writing, and both parties demonstrate their agreement to those terms. The essence of mutual consent in an express contract is that both parties understand and agree to the specific obligations and benefits involved in the agreement, making it enforceable under law.

In contrast, unilateral contracts involve only one party making a promise or undertaking an obligation, which does not require mutual consent because the other party does not have to agree to any terms beforehand; they simply accept the contract by performing the required action. Implied contracts, on the other hand, arise from the actions or circumstances of the parties rather than explicit agreements, and can be binding even when mutual consent is not expressly verbalized.

Overall, the requirement of mutual consent is a fundamental principle of express contracts, as it ensures that both parties are willingly entering into the agreement with a clear understanding of their respective roles and expectations.