“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.]
