ASSENSIO MENTIUM

assensio   mentium   (<<schwa>>-sen-see-oh   men-shee-<<schwa>>m).   [Latin   “assent   of

minds”] See MEETING OF THE MINDS.

ASSENT

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

interpreted as wil-lingness. 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 §§ 35–36, 38.][Blacks Law 8th]