Assent

^ Agreement; approval; compliance; consent; willingness declared. Opposed, dissent. Implies more than mere acceptance, — is an act of the understanding; while "consent" is an act of the feelings and will.« "Assent" respects matters of judgment; "consent" matters of conduct.* Acceptance, approval, consent, ratification, and assent, are often interchanged.' Express assent. Assent openly declared, in words spoken or written.

Implied assent

Assent inferred from conduct.

Mutual assent

Assent given by all the parties to an act or contract; the meeting of the minds of the parties to any transaction. Unless dissent is shown acceptance of a thing done for a person's benefit will be presumed; as in the case of a conveyance or a devise of land. Assent must be ad idem — to the same thing, and in the same sense.* *' Mutual assent," which is the meeting of the minds of both of the parties to a contract, is vital to the existence of the contract. The obligation must be correlative: if there is none on one side there can be none on the other. Moreover, this requisite asseqt must be the work of the parties themselves: the law cannot supply it.' Mutual assent of the parties to a modification is as indispensable as to the original making of a contract. Where there is a misunderstanding as to anything material the requisite mutuality of assent is wanting, the supposed contract does not exist, and neither party is boimd. In the view of the law in such case there has been merely a negotiation resulting in a failure to agree. What has occurred is as if it were not.'

See Kkowledqe, 1; Ikquirt,!; Permit; Protest, 2; Eatification; Satisfy, 1; Silence; UuDERSTANnrNG.