Legal Definitions - dissensus

Dissensus refers to a disagreement or a lack of mutual understanding between parties. In a more specific legal context, particularly concerning contracts, it can also describe the mutual agreement by parties to cancel or undo a previously established contractual obligation. Essentially, it is the reversal of a prior consensus or agreement.

• Example 1 (Lack of Agreement):

  Imagine a scenario where a homeowner is discussing a potential renovation project with a contractor. The homeowner believes the quoted price includes all materials and labor for painting the entire house, inside and out. However, the contractor's quote only covers the exterior painting, and they assume the homeowner understands this. Before any work begins or a formal contract is signed, they realize their fundamental understandings of the scope of work and cost are different.

  This situation illustrates dissensus because there is a clear lack of agreement and mutual understanding regarding the essential terms of the proposed renovation project. Both parties hold different interpretations of what was discussed, preventing a true "meeting of the minds" necessary to form a binding contract.

• Example 2 (Mutual Annulment of Contract):

  Consider a small publishing house that enters into a contract with a freelance editor for a specific book project. A few weeks into the editing process, the author of the book decides to withdraw their manuscript from publication due to unforeseen personal circumstances. The publishing house and the freelance editor, understanding the situation, mutually agree to terminate their editing contract, releasing both parties from their remaining obligations and payments related to that specific book.

  Here, dissensus refers to the mutual decision by both the publishing house and the freelance editor to undo their original agreement. They had a consensus to form the contract, and now they have a dissensus to annul it, effectively canceling the contractual obligations for both parties by mutual consent.