Legal Definitions - assent

Assent refers to an agreement, approval, or permission. In legal contexts, it specifically means conduct, whether spoken or unspoken, that can be reasonably understood as a willingness to proceed with a particular action or agreement. It is a crucial element in forming a binding contract, as it signifies that both parties generally understand what they are committing to and what they expect to receive.

There are different ways assent can be expressed or understood:

• Actual assent is when someone genuinely intends to express willingness through their words or actions.
• Apparent assent is when someone's language or conduct would be reasonably understood by another person as an expression of willingness, even if the first person didn't necessarily intend it that way.
• Express assent is clearly and unmistakably communicated, often verbally or in writing.
• Implied assent is inferred from someone's conduct rather than from a direct statement.
• Mutual assent is the agreement of both parties to a contract, typically demonstrated through an offer and acceptance.

Here are some examples illustrating the concept of assent:

• Example 1: Express and Mutual Assent in a Purchase

  Imagine a customer browsing an online bookstore. They add a book to their digital shopping cart, proceed to checkout, enter their shipping and payment information, and then click a button labeled "Place Order" which is accompanied by text stating, "By clicking 'Place Order,' you agree to our terms and conditions."

  This scenario demonstrates express assent and mutual assent. By clicking the "Place Order" button after reviewing the details, the customer clearly and unmistakably communicates their agreement to purchase the book under the stated terms. The bookstore, by processing the order, also shows its assent to sell the book, thereby forming a mutual agreement.

• Example 2: Implied and Apparent Assent for a Service

  Consider a person who parks their car in a commercial parking garage that has clear signs indicating an hourly rate. They drive past the "Pay Here" booth, take a ticket from the automated dispenser, and proceed to park their car in an available spot.

  In this situation, the driver provides implied assent. While they didn't verbally state, "I agree to pay your hourly parking rate," their actions of entering the garage, taking a ticket, and parking their car, in the presence of clear signage, reasonably imply their willingness to accept the service and pay the associated fee. The parking garage, by allowing entry and providing a space, demonstrates its apparent assent to provide parking services under its advertised terms.

• Example 3: Nonverbal Assent for Permission

  A homeowner is enjoying a quiet afternoon on their porch when a neighbor approaches and asks, "Would it be alright if my children played in your backyard for a little while? Their ball rolled over there." The homeowner smiles, nods their head, and gestures towards the backyard gate.

  Here, the homeowner's smile, nod, and gesture constitute nonverbal assent. They are clearly communicating their permission for the children to enter the backyard without uttering a single word. This illustrates how assent can be given through actions and body language, granting approval for a specific request.