ASSENT

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ASSENT

ASSENT, contracts. An agreement to something that has been done before. 2. It is either express, where it is openly declared; or implied, whereit is presumed by law. For instance, when a conveyance is made to a man, hisassent to it is presumed, for the following reasons; cause there is a strongintendment of law, that it is for a person's benefit to take, and no man canbe supposed to be unwilling to do that which is for his advantage. 2.Because it would seem incongruous and absurd, that when a conveyance iscompletely executed on the part of the grantor, the estate should continuein him. 3. Because it is contrary to the policy of law to permit thefreehold to remain in suspense and uncertainty. 2 Ventr. 201; 3 Mod. 296A 3Lev. 284; Show. P. C. 150; 3 Barn. & Alders. 31; 1 Binn. R. 502; 2 Hayw.234; 12 Mass IR. 461 4 Day, 395; 5 S. & R. 523 20 John. R. 184; 14 S. & R.296 15 Wend. R. 656; 4 Halst. R. 161; 6 Verm. R. 411. 3. When a devise draws after it no charge or risk of loss, and is,therefore, a mere bounty, the assent of the devisee to, take it will bepresumed. 17 Mass. 73, 4. A dissent properly expressed would prevent thetitle from passing from the grantor unto the grantee. 1 2 Mass. R. 46 1. See3 Munf. R. 345; 4 Munf. R. 332, pl. 9 5 Serg. & Rawle, 523; 8 Watts, R. 9,11 20 Johns. R. 184. The rule requiring an express dissent, does not apply,however, when the grantee is bound to pay a consideration for the thinggranted. 1 Wash. C. C. Rep. 70. 4. When an offer to do a thing has been made, it is not binding on theparty making it, until the assent of the other party has been given and suchassent must be to the same subject-matter, in the same sense. 1 Summ. 218.When such assent is given, before the offer is withdrawn, the contract iscomplete. 6 Wend. 103. See 5 Wend. 523; 5 Greenl. R. 419; 3 Mass. 1; 8 S. R.243; 12 John. 190; 19 John. 205; 4 Call, R. 379 1 Fairf. 185; and Offer. 5. In general, when an assignment is made to one for the benefit ofcreditors the assent of the assignees will be presumed. 1 Binn. 502, 518; 6W. & S. 339; 8 Leigh, R. 272, 281. But see 24 Wend. 280.

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