Legal Definitions - constructive assent

Constructive assent is a legal concept where a person is presumed to have agreed to something, even if they have not explicitly stated their agreement verbally or in writing. This presumption arises from their actions, their inaction, or the surrounding circumstances, which objectively indicate an intention to agree. The law infers or "constructs" their assent based on what a reasonable person would understand from their behavior, rather than requiring an explicit declaration.

• Example 1: Website Terms of Service

  Imagine a user downloading a new software application. Before installation, they are presented with a screen displaying the "Terms and Conditions" and a button labeled "I Agree." The user clicks "I Agree" without reading the entire document. In this scenario, the user's action of clicking the button, after being given the opportunity to review the terms, constitutes constructive assent. Even if they didn't read every line, their behavior objectively indicates agreement to be bound by those terms.

• Example 2: Accepting Professional Services

  A homeowner calls a plumber to fix a leaky pipe. The plumber arrives, assesses the problem, and begins working. The homeowner watches the plumber perform the repairs without asking for a written contract or disputing the plumber's hourly rate, which is typically posted or discussed. By allowing the plumber to proceed with the work and benefiting from the repair, the homeowner has given constructive assent to pay for the plumber's services at a reasonable or customary rate, even without an explicit verbal agreement on the exact final price.

• Example 3: Continued Use of a Subscription Service

  A customer signs up for a streaming video service that offers a free 30-day trial, after which it automatically converts to a paid monthly subscription unless cancelled. The customer receives an email notification reminding them of the upcoming conversion to a paid plan. If the customer continues to use the service beyond the free trial period without cancelling, their continued use and inaction to cancel constitute constructive assent to the monthly subscription charges. The law presumes they agreed to the terms of the paid service by not opting out.