Voluntary assent: Overview, definition, and example
What is voluntary assent?
Voluntary assent refers to the agreement or consent given by a party to a contract, decision, or action, which is made freely and without any form of coercion, duress, or undue influence. It signifies that the party fully understands the terms and conditions and agrees to them willingly. In legal terms, voluntary assent is a fundamental element for the formation of a valid contract. If a party’s assent is obtained under pressure, fraud, or misrepresentation, it may not be considered voluntary, and the contract may be voidable.
Voluntary assent is crucial in ensuring that all parties involved in a transaction or agreement are making decisions of their own free will, which helps maintain fairness and legality in the process. In the context of contracts, it ensures that there is mutual consent between the parties, one of the core elements for a legally enforceable agreement.
Why is voluntary assent important?
Voluntary assent is important because it guarantees that all parties involved in an agreement are fully aware of the terms and freely consent to them. Without voluntary assent, agreements or contracts may be challenged in court, as they could be deemed invalid or unenforceable. It protects parties from being forced into agreements or decisions they do not fully understand or do not wish to engage in, ensuring fairness and integrity in business, legal, and personal transactions.
In business and legal settings, ensuring voluntary assent is also critical for compliance with contract law and consumer protection regulations, helping to avoid disputes and ensuring that all parties are acting of their own volition.
Understanding voluntary assent through an example
Imagine a company, XYZ Corp., that is entering into a contract with a supplier, ABC Supplies. The contract specifies delivery terms, pricing, and other conditions. XYZ Corp. reviews the terms of the contract and voluntarily agrees to sign the document after understanding the details of the agreement. The signature represents their voluntary assent to the terms.
In another scenario, a consumer purchases a product online after reading the product details and agreeing to the terms and conditions provided by the online retailer. The consumer’s voluntary assent is shown by clicking the "I agree" button to confirm acceptance of the retailer’s terms.
However, if XYZ Corp. had been forced to sign the contract under threat of harm or if the consumer had been misled about the product’s quality, the assent would not be considered voluntary. In such cases, the contract or agreement could potentially be voided or contested in court.
An example of a voluntary assent clause
Here’s how a voluntary assent clause might look in a contract or agreement:
“By signing this Agreement, the Parties acknowledge that they have read and understood the terms and conditions, and they give their voluntary assent to the Agreement without any coercion, fraud, or undue influence. Each Party affirms that they are entering into the Agreement of their own free will.”
Conclusion
Voluntary assent is a critical component in forming valid contracts and ensuring that all parties involved are entering into agreements knowingly and willingly. It provides a safeguard against contracts that are signed under duress, misrepresentation, or coercion, helping to maintain the integrity and fairness of legal and business dealings. Whether in personal or professional settings, ensuring that assent is voluntary protects individuals' rights and upholds the legal standing of agreements and contracts.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.