A showing of mutual assent is necessary for there to be an enforceable contract.
Mutual assent is important from the standpoint that performance is often judged based on the intention of the parties.
Hence, a plaintiff need only allege that the employer paid him or her according to "a demonstrable formula for work done" to plead mutual assent
to employment agreement terms.
determination as to whether mutual assent has occurred in an electronic
MUTUAL ASSENT IN CLICKWRAP: THE REQUIREMENT OF NOTICE AND THE
Such bargaining theoretically leads to a mutual assent and a meeting of
Beginning with basic questions surrounding mutual assent in an electronic world, the discussion moves on to analyze additional issues involving contract formalities, characterization of electronic contracts, application of the U.
Mutual assent consists of an offer by one party and an acceptance of that offer by another.
While not all electronically formed contracts demand legal inquiry into the existence of mutual assent, "point-and-click" contracts and EDI transactions present their distinct characteristics.
Topics covered include enforcing private agreements, mutual assent
, enforceability, performance and breach, and defenses to contractual obligation.
An "agreement" is not limited to individually negotiated contracts, but may also refer generally to a manifestation of mutual assent
on the part of two or more persons.
7] They require mutual assent
with both parties having the capacity, authority and intent to be bound by the agreement Unless otherwise provided, they encompass the entire liability of the taxpayer, including taxes, ad valorem penalties and interest, with all questions of such liability being conclusively settled by the agreement?