In contract law, genuine assent, or a meeting on the minds, is one of the criteria used to determine validity of acceptance of an offer for a contract. The standard used is whether a reasonable observer would believe assent was present. In disputes regarding validity or enforceability of a contract, several factors are examined to determine if true agreement"genuine assent"was reached between the
. parties. The term genuine assent can also apply to cases in which parties wish to rescind a contract and form a new one.True agreement, or genuine assent, requires all parties to agree to each and every term of the offer. Acceptance of an offer must be made in a reasonable manner, for example, by telephone, fax or mail. Sometimes clear speech indicating acceptance is considered a valid assent.Considerations used when disputing whether a meeting of the minds occurred include duress, undue influence, unilateral mistake, mutual mistake and innocent or fraudulent misrepresentation of material facts.Duress occurs when one party to the offer uses unsuitable threats or acts to obtain assent. When threats to sue, report illegal conduct, perform illegal conduct or to induce disadvantageous economic conditions are used by one party against the other, duress has been used to coerce agreement. Duress does not constitute genuine assent.Undue influence occurs when a trusted individual wrongfully persuades another individual to agree to a contract offer. Genuine assent is not possible under these circumstances.Unilateral mistake occurs when one party to the agreement possesses an incorrect belief about the facts of the contract. When both parties are mistaken as to the facts of the contract; mutual mistake exists. In either case genuine assent is impossible.While innocent misrepresentation occurs when one party to a contract does not realize their statements concerning pertinent material facts are false, fraudulent misrepresentation is the deliberate misrepresentation of material facts relevant to the formation of a contract. Again, true agreement cannot be said to occur under either circumstance.For further information or guidance related to genuine assent, contact an attorney.More reference links: http://public.findlaw.com/abaflg/flg-9.html http://www.legalmax.info/members2/index.htm
