Legal Definitions - assertion

In legal terms, an assertion refers to a statement or claim made by an individual or entity, either explicitly through words or writing, or implicitly through their actions or even their silence, with the clear intention of communicating a fact or an opinion. It is essentially any form of communicative behavior designed to convey a specific point or belief.

• Example 1: Written Legal Filing

  When a business files a lawsuit against another company, the complaint document contains numerous assertions. For instance, it might state, "The defendant breached the contract by failing to deliver the goods on the agreed-upon date."

  This illustrates an assertion because the plaintiff is formally communicating a specific claim—a fact (the failure to deliver) and an opinion (that this constitutes a breach)—in writing, intending for the court and the defendant to understand their position.

• Example 2: Witness Testimony

  During a criminal trial, a witness testifies under oath, "I clearly saw the suspect's face as they ran from the scene."

  This is an assertion because the witness is verbally communicating a specific observation and belief (that they saw the suspect's face) to the court, intending to provide factual information relevant to the case.

• Example 3: Implied Agreement Through Action

  A person receives a detailed offer to purchase a piece of land, which includes specific terms and conditions. Instead of verbally agreeing or signing a document, the person simply transfers the exact amount of money specified in the offer to the seller's bank account.

  In this scenario, the act of transferring the funds can be considered an assertion of acceptance of the offer's terms. While no words were spoken or written to explicitly state "I accept," the action of sending the money, matching the offer's terms, clearly communicates the intent to agree to the purchase.