Legal Definitions - implied assent

Implied assent refers to agreement or approval that is not directly stated or expressed in words, but is understood or inferred from a person's actions, conduct, or the surrounding circumstances. It signifies that an individual's behavior indicates their willingness to be bound by certain terms or conditions, even without an explicit verbal or written declaration. Essentially, it's an agreement communicated through deeds rather than words.

• Example 1: Parking in a Commercial Lot
  Imagine Sarah drives her car into a commercial parking lot that has a large, clearly visible sign at the entrance stating "Parking $10 per day." She takes a ticket from the dispenser, drives to an open spot, and parks her car.

  How it illustrates implied assent: By driving into the lot, taking a ticket, and parking, Sarah's actions demonstrate her implied assent to the parking lot's terms, including the daily fee. She did not verbally agree to pay, but her conduct indicates her acceptance of the offer to park for a fee.

• Example 2: Accepting Unsolicited Services
  Consider a homeowner, Mr. Chen, who observes a window washer cleaning his exterior windows. Mr. Chen had not explicitly hired this particular window washer, but he watches the work being done from inside his house without objection or telling the washer to stop. When the window washer presents a bill for the completed service, Mr. Chen is generally expected to pay.

  How it illustrates implied assent: Mr. Chen's inaction—allowing the service to be performed and benefiting from it without protest—constitutes implied assent to the window washing service. His conduct suggests he accepted the service and, consequently, the obligation to pay for it.

• Example 3: Website Terms of Service
  When a user signs up for a new online streaming service, they are often presented with a link to the "Terms of Service" and a statement like, "By clicking 'Sign Up,' you agree to our Terms of Service and Privacy Policy." Even if the user doesn't explicitly check a box but proceeds to click "Sign Up" and use the service, or if the terms state "Continued use of this service constitutes agreement to these terms," their ongoing use is taken as agreement.

  How it illustrates implied assent: By continuing to use the online service after being presented with the terms, the user's actions demonstrate implied assent to those terms. Their behavior, rather than an explicit "I agree" statement, indicates their acceptance of the conditions for using the platform.