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Simple English definitions for legal terms
assent
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A quick definition of assent:
Term: ASSENT
Definition: Assent means agreeing to something or giving permission. It can be shown through words or actions that show willingness. When people make a deal, they need to have a clear idea of what they are giving and getting. There are different types of assent, like actual assent which is given through words or actions that show willingness, and implied assent which is shown through actions instead of words. Mutual assent is when both parties agree to a contract, usually through an offer and acceptance. In modern contract law, mutual assent is determined by what the parties' actions show, not just what they say.
A more thorough explanation:
Definition: Agreement, approval, or permission; especially, verbal or nonverbal conduct that is reasonably interpreted as willingness.
Examples:
- Actual assent: Assent given by words or conduct intended to express willingness. For example, signing a contract or saying "yes" to an offer.
- Apparent assent: Assent given by language or conduct that, while not necessarily intended to express willingness, would be understood by a reasonable person to be so intended and is actually so understood. For example, nodding your head in agreement.
- Constructive assent: Assent imputed to someone based on conduct. For example, if someone continues to use a service after being notified of changes to the terms and conditions, their conduct may be interpreted as assent to the changes.
- Express assent: Assent clearly and unmistakably communicated. For example, saying "I agree" or "I consent."
- Implied assent: Assent inferred from one's conduct rather than from direct expression. For example, if someone continues to use a service without objection, their conduct may be interpreted as assent to the terms and conditions.
- Mutual assent: Agreement by both parties to a contract, usually in the form of offer and acceptance. In modern contract law, mutual assent is determined by an objective standard - that is, by the apparent intention of the parties as manifested by their actions.
Explanation: Assent refers to agreement, approval, or permission. It can be given through words or conduct that reasonably indicate a willingness to agree. The different types of assent refer to how it is given - whether through direct expression, inferred from conduct, or imputed based on circumstances. Understanding the different types of assent is important in contract law, where mutual assent is necessary for a binding agreement to be formed.