ASSENT - Black's Law Dictionary

What is ASSENT? Definition of ASSENT in Black's Law Dictionary

Compliance; approval of something done; a declaration of willingness to do something in compliance with a request. Norton v. Davis, 83 Tex. 32, 18 S.W. 430; Appeal of Pittsburgh, 115 Pa. 4, 7 A. 778; To approve, ratify and confirm. People v. Consolidated Indemnity and Ins. Co., 233 App.Div. 74, 251 N.Y.S. 566, 569. It implies a conscious approval of facts actually known, as distinguished from mere neglect to ascertain facts. White-Wilson-Drew Co. v. Lyon- Ratcliff Co., C.C.A.I11., 268 F. 525, 526. Sometimes it is equivalent to "authorize." Hagerla v. Mississippi River Power Co., D.C.Iowa, 202 F. 776, 783. In the sense of the law is a matter of overt acts, not of inward unanimity in motives, design or the interpretation of words. Triboro Coach Corporation v. New York State Labor Relations Board, 261 App.Div. 636, 27 N.Y.S.2d 83, 85.

"Assent" is an act of understanding, while "consent" is an act of the will or feelings. Klundby v. Hogden, 202 Wis. 438, 232 N.W. 858, 860, 73 A.L.R. 648. It means passivity or submission which does not include consent. Perryman v. State, 63 Ga.App. 819, 12 S.E.2d 388, 390.

Express Assent
That which is openly declared.

Implied Assent
That which is presumed by law.

Mutual Assent
The meeting of the minds of both or all the parties to a contract; the fact that each agrees to all the terms and conditions, in the same sense and with the same meaning as the others. Insurance Co. v. Young, 23 Wall. 107, 23 L.Ed. 152.


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