“It’s a fundamental tenet of contract law that contracts require consent. Yet, the meaning of consent has been distorted beyond recognition in some cases. In areas of the law other than contracts, consent means a knowing, voluntary act that is intended to manifest agreement (even if not always approval) of an act or activity. In contracts, however, consent has been diminished to a mere construct where the so-called ‘manifestation of consent’ has replaced efforts to assess the existence of consent. In other words, the signfier (the manifestation) replaces what it signifies (consent). There are economic justifications for doing this in most commercial contracting situations …” (more)
[Nancy Kim, ContractsProf Blog, 29 March]
First posted 2021-03-29 18:00:29
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