must be manifested by making a promise and/or rendering performance.
2004) ("An essential element of any contract is the consent of the parties, or mutual assent
A showing of mutual assent
is necessary for there to be an enforceable contract.
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
There is nothing inherently problematic in the parties expressing these decisions through the medium of language which is, after all, the most precise means by which parties can convey mutual assent
to each other.
In contrast to the all-or-nothing nature of the mutual assent
regime, where preliminary forms of consent are either full-blown contracts or create no obligation, under the no-retraction regime, obligations emerge gradually, as the positions of the negotiating parties draw closer.
Love and mutual assent
are marked by touch, gesture and shared emotions.
Tax settlements are governed by general principles of contract law; the formation of a contract requires mutual assent
to essential terms; Linear Tech.
The Fee Arbitration Program, however, does not have jurisdiction over a dispute that is already in the court system, Reynolds said, adding the program also is limited to disputes between an attorney and a client or between attorneys, and also depends on the mutual assent
of the parties.
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.