IMPLIED ASSENT Meaning and
Definition
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Implied assent refers to a concept in contract law which suggests that an individual's actions or behavior imply their agreement or acceptance to the terms of a contract, even in the absence of an explicit agreement or formal agreement. This type of assent is inferred from the conduct or behavior of a party, rather than being explicitly stated or expressed.
In cases of implied assent, the parties involved are deemed to have agreed to the terms and conditions of a contract based on their actions, behavior, or even their silence, which implies their intention to be bound by the agreement. This means that even if there is no written or oral agreement, the conduct of the parties can create a legally enforceable contract.
The doctrine of implied assent is often invoked when the parties have engaged in a course of dealing over a period of time, where it can be reasonably assumed that they have mutually agreed to the terms through their conduct. It can also apply in situations where one party makes an offer or provides a service, and the other party accepts or avails of it without explicitly stating their agreement.
However, it is important to note that the concept of implied assent is subject to interpretation and can vary depending on the jurisdiction and the specific circumstances of the case. Therefore, it is advisable to seek legal advice in complex contractual situations to ensure a proper understanding and application of the principle of implied assent.
Common Misspellings for IMPLIED ASSENT
- umplied assent
- jmplied assent
- kmplied assent
- omplied assent
- 9mplied assent
- 8mplied assent
- inplied assent
- ikplied assent
- ijplied assent
- imolied assent
- imllied assent
- im-lied assent
- im0lied assent
- impkied assent
- imppied assent
- impoied assent
- implued assent
- impljed assent
- implked assent
- imploed assent
Etymology of IMPLIED ASSENT
The word "implied" comes from the Latin word "implēre", which means "to enfold or involve". The term "assent" comes from the Latin word "assentire", which means "to agree or to give approval". When combined, "implied assent" refers to the notion of approving or agreeing to something without explicitly expressing consent.
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