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ASSENT

assent,n. Agreement, approval, or permission; esp., verbal or nonverbal conduct reasonably


interpreted as willingness. See CONSENT. assent,vb.
The requirement of assent, which is fundamental to the formation of a binding contract,
implies in a general way that both parties to an exchange shall have a reasonably clear conception
of what they are getting and what they are giving up. Marvin A. Chirelstein, Concepts and Case
Analysis in the Law of Contracts 66 (1990).
actual assent. Assent given by words or conduct intended to express willingness.
apparent assent. Assent given by language or conduct that, while not necessarily intended to
express willingness, would be understood by a reasonable person to be so intended and is actually
so understood.
constructive assent. Assent imputed to someone based on conduct.
express assent. Assent clearly and unmistakably communicated.
implied assent. Assent inferred from one's conduct rather than from direct expression.
mutual assent. Agreement by both parties to a contract, usu. in the form of offer and
acceptance. In modern contract law, mutual assent is determined by an objective standard that
is, by the apparent intention of the parties as manifested by their actions. Cf. MEETING OF THE
MINDS. [Cases: Contracts 15. C.J.S. Con-tracts 3536, 38.]

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