Assent: Definition, Example and Related Terms
What is Assent ?
In contract law, assent must be genuine, clear, and unambiguous. It can be expressed either explicitly (through words or signatures) or implicitly (through actions or conduct). For a contract to be legally binding, all parties must demonstrate mutual assent to its essential terms.
It's important to note that assent differs from mere acceptance in that it requires a clear understanding of what is being agreed to. For example, simply clicking 'I agree' on a website without reading the terms may not constitute true assent if the terms were buried or unclear.
For contract managers, ensuring proper assent is crucial as its absence can render an agreement void or voidable. This includes verifying that all parties have the capacity to assent and that their agreement was given freely, without duress or coercion.
Example(s)
Scenario Description A software company presents a new service agreement to a client The client demonstrates assent by signing the agreement after reviewing its terms and negotiating certain provisions. Their signature represents clear and explicit assent to the final terms. An online retailer updates its terms of service Customers show implied assent by continuing to use the service after being notified of the changes and having a reasonable opportunity to review them. However, this form of assent may be challenged if the changes weren't properly communicated.