Also known as:assents · assented · assenting · consent · agreement
Written by attorneys · grounded in primary & secondary sources — see below
Agreement, approval, or permission expressed by words or conduct.
Sources & Authorities· 40 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Invalid Consent in Property Taking
Aaron Adams asked Ava Adebayo if he could borrow her laptop for an hour. She agreed only after he falsely claimed he needed it for an emergency work call. Aaron then took the laptop and sold it. Because the consent was procured by misrepresentation, the taking is treated as trespassory.
Merger Clause and Prior Assent
Angela Acosta signed a purchase contract containing a merger clause that superseded all prior negotiations. After closing she sought to enforce an oral promise about repairs that the seller had made earlier. The merger clause prevents enforcement of that earlier assent because it was not reflected in the deed.
Congressional Power to Tax
Put it into practice
Test Yourself
10
Practice Questions5
Federal Rules
Uniform Acts
Model Codes
Common Law
Congress passed a statute imposing a uniform excise tax on imported goods. Alliance Holdings challenged the tax. The constitutional grant of power supplies the necessary authority for Congress to impose the tax throughout the United States.
Client Assent to Disclosure
Alan Ackerman's lawyer learned of a settlement offer that required Alan's informed consent before acceptance. The lawyer promptly informed Alan of the offer and obtained his written assent before proceeding. The communication satisfied the duty to secure client assent on matters requiring informed consent.
Scope of License Consent
Abigail Alvarez granted Ariana Azizi a license to cross her land to reach a lake. Ariana later used the path to host large parties that damaged the property. The extent of the license is fixed by the terms of the consent, so the expanded use exceeded the license.
Manifestation and Consent for Agency
Atlas Ventures told its employee that she could negotiate contracts on its behalf. The employee agreed to do so. Because there was both a manifestation by the principal and consent by the agent, an agency relation was created.
Common questions
Frequently Asked
4
When does consent obtained by misrepresentation fail to prevent a trespassory taking?+
Consent procured by misrepresentation is treated as invalid. The taking is therefore trespassory even though the victim handed over possession.
How does a merger clause affect prior oral assent in a real-estate contract?+
A merger clause supersedes prior negotiations. After closing, the buyer generally cannot enforce earlier promises that are not reflected in the deed.
What creates an agency relationship under the Restatement?+
An agency relation exists only if the principal manifests consent that the agent may act on the principal's account and the agent consents to do so.
What fixes the scope of a license in property law?+
The extent of a license is fixed by the terms of the consent that creates it.
Criminal Law & ProcedureInchoate crimes; parties · Parties to crimeUBEIntermediate