Define: Constructive Assent

Constructive assent refers to a legal concept where a person’s actions or behavior imply their agreement or consent to a particular contract or legal obligation, even if they did not explicitly give their consent.

Express assent is when a person explicitly gives their consent or agreement to a contract or legal obligation, either orally or in writing. Constructive assent, on the other hand, is implied through a person’s actions or behavior.

Yes, constructive assent can be used as a defence in a contract dispute. If a party can show that the other party’s actions or behavior implied their agreement to the contract, it can be argued that constructive assent was present.

When determining constructive assent, courts consider various factors such as the parties’ conduct, the circumstances surrounding the agreement, any previous dealings between the parties, and the industry norms or customs.

Constructive assent, once established, is generally binding and cannot be easily revoked. However, there may be certain circumstances where revocation is possible, such as if there was fraud or misrepresentation involved in obtaining the constructive assent.

In some cases, silence can be considered as constructive assent if there is a duty to speak or if the parties have a prior course of dealing where silence has been accepted as a form of agreement. However, silence alone is not always sufficient to establish constructive assent.

Constructive assent is primarily used in contract law and civil cases. It is not typically applicable in criminal cases, as criminal offenses require a higher standard of proof and intent.

Yes, constructive assent can be used to enforce non-compete agreements if the party’s actions or behavior imply their agreement to the terms of the agreement. However, the enforceability of non-compete agreements varies by jurisdiction and must meet certain legal requirements.

Yes, constructive assent can be used to establish a binding arbitration agreement if the party’s actions or behavior imply their agreement to submit disputes to arbitration. However, the specific requirements for a valid arbitration agreement may vary depending on the jurisdiction.

Yes, constructive assent can be used to enforce terms and conditions on a website or mobile app if the user’s actions, such as clicking “I agree” or using the website/app, imply their agreement to the terms. However, it is important to ensure that the terms and conditions are properly presented and accessible to the user.