Assent

Approval of something done. An undertaking to do something in compliance with a request. In* strictness, "assent" is to be distinguished from "consent," which denotes a willingness that something about to be done be done; "acceptance," compliance with, or receipt of, something offered; "ratification," rendering valid something done without authority; and "approval," an expression of satisfaction with some act done for the benefit of another besides the party approving. But in practice the term is often used in the sense of acceptance and approval. Thus, an offer is said to be assented to, although properly an offer and acceptance complete an agreement. It is apprehended that this confusion has arisen from the fact that a request, assent, and concurrence of the party requesting complete a contract as fully as an offer and acceptance. Thus, it is said there must be a request on one comes a promise enforceable by the party requesting, when he has done anything to entitle him to the right. Assent thus becomes in reality (so far as it is assent merely, and not acceptance) an offer made in response to a request. Assent and approval as applied to acts of parliament and of congress, have become confounded, from the fact that the bills of parliament were originally requests from parliament to the king. See 1 Bl. Comm. 183. Express assent is that which is openly declared. Implied assent is that which is presumed by law.

Approval of something done. An undertaking to do something In compliance with a requestin strictness, assent is to be distinguished from consent, which denotes a will about to be done, be done;, compliance with, or receipt of, something offered; rendering valid something done without autl and approval, an expression of satisfaction with some act done for the benefit of anoth i party approving. But in practice th<: t« rm i ui the sense of acceptance and approval. Thus, an offer is said to be assented to, although ly an offer and acceptance complete an agreement, it is apprehi nded that this confusion has arisen from the fact that a request, assent, and concurrence of the party requesting complete a conas fully as an offer and acceptance. Thus, it is said there must be a request on one side, and assent on the other, in every contract; 5 Bingh. N. c. 75; and this assent becomes a promise enforceable by the party requesting, when he has done anything to entitle him to the right. Assent thus becomes in reality (so far as it is assent merely, and not acceptance) an offer made in I > a request. Assent and approval, as applied to acts of parliament and of congress, have become confounded from the fact that the bills of parliament were originally requests from parliament to the king. See 1 Bla. Com. 183. Express assent is that which is openly declared. Implied assent is that which is presumed by law. Unless express dissent is shown, acceptance of what it is for a person's ben< take, is presumed, as in the case of a conveyance of land; 3 B. & Aid. 31; Harrison v. Trustees, 12.Mass. 4<:i, Pearse v. Owens, 3 N. C. 234; Treadwell v. Bulkley, 4 (Conn.) 395, 4 Am. Dec 225; Jackson v. Bodle, 20 Johns. (N. Y.) 184; Church \ man, 15 Wend. (N. Y.) 656, 30 Am. De the assent (or acceptance) of the grantee to the delivery of a deed by a person other than the grantor, vests the title in him from the time of the delivery by the grantor to that.third person; O'Kelly v. O'Kc Ily, S Met.. (Mass.) 436; Hulick v. Scoril, 4 Gilm. (111.) 176; Buffuni v. Green, 5 N. II. 71. 20 Am. Dec. 502; Belden v. Carter, 4 Day (Conn.) G6, 4 Am. Dec. 185; Jackson v. Bodle, 20 Johns. (N. Y.) 187; Wesson v. Stephens. 37 N. C. 557; 5 B. & C. 671; a devise which draws after it no charge or risk of loss, is presumed to have Icon accepted by the devisee; Brown v. Wood, 17 Mass. 7.".; Hannah v. Swarner, 8 Watts (Pa.) f», 34 Am. Dec. 442. Assent must be to the same thing done or offered in the same sense; Matlock v. Thompson, 18 Ala. 605: Keller v. Ibarra, 3 Cal. 147; Eliason v. Ilenshaw, 4 Wheat (U. S.) 225, 4 L-. Ed. 550; 5 M. & W. 575; it must comprehend the whole of the proposition, must be exactly equal to its extent and provisions, and must not Qualify them by any new matter; 5 M. & W. 535; Slaymaker v. Irwin, 4 W'hart. (Pa.) 369; Vassal v. Camp, 11 N. Y. 441. In general, when an assignment is made Ex'r v. Cunningham, 8 Leigh (Va.) 272, 281, 31 Am. Dec. 642. But see Crosby v. Hillyer, 24 Wend. (N. Y.) 280; Welch v. Sackett, 12 Wis. 243. See Acceptance; Accord; Agreement; Contract.

Compllance; 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 Atl. 778; Canal Co. v. Railroad Co., 4 Gill & J. (Md.) 1, 30; Baker v. Johnson County, 37 Iowa, 189; Fuller v. Kemp (Com. PI.) 16 N. Y. Supp. 160.

— 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 In Ed. 152.

Agreement to or approval of is agreement to a thing to be dona

Compliance; approval of something done; a declaration of willingness to do something in compliance with a request.

^ 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.

(L. Fr. assenter), distinguished by Britton from consent {consenter). Britt. c.92.

contructs, is an agreement to something that has, been done before. It is either express, where it is openly declared; or implied, where it is presumed by law. For instance, when a conveyance is made to a man, his assent to it is presumed, for the following reasons; 1. Because there is a strong intendment of law, that it is for a person’s benefit to take, and no man can be supposed to be unwilling to do that which is for his advantage.—2. Because it would seem incongruous and absurd, that when a conveyance 1s completely executed on the part of e grantor, the estate should continue in him.—3. Because it is contrary to the policy of law to permit the freehold to remain in suspense and uncertainty. 2 Ventr. 201; 3 Mod. 296; 3 Lev. 284; Show. P. C. 150; 3 Barn. & Alders. 31; 1 Binn. R. 502. A dissent properly expressed would prevent the title from passing from the tor unto the grantee. 12 Mass. R. 461. See 3 Munf. R. 345; 4 Munf. R. 332, pl. 9; 5 Serg. & Rawle, 523; 20 Johns. R. 184. The rule requiring an express dissent does not apply however when the grantee is bound to pay a consideration for the thing granted. 1 Wash. C. C. Rep. 70.