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Simple English definitions for legal terms
actual assent
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A quick definition of actual assent:
Actual assent refers to a person's real agreement or consent to something, rather than just going along with it without really agreeing. Actual authority means having the real power or permission to do something, not just pretending to have it. Actual bailment is when someone actually gives something to someone else to hold onto, not just saying they will. Actual bias means really having a preference or prejudice, not just pretending to. Actual capital is the real money or assets a business has, not just what it says it has. Actual cash value is the real worth of something, not just an estimate. Actual cause means something that really caused an event to happen, not just a possible cause. Actual change of possession means really giving something to someone else, not just saying you did.
A more thorough explanation:
Actual assent refers to a person's real agreement or consent to a contract or agreement. It is the opposite of implied or presumed assent.
For example, if someone signs a contract without reading it, they may be presumed to have given their assent. However, if they later claim that they did not actually agree to the terms of the contract, they are asserting that they did not give actual assent.
Another example of actual assent is when two parties negotiate and come to a mutual agreement on the terms of a contract. Both parties must give their actual assent to the terms in order for the contract to be valid.