Monday, October 19, 2009

Manifestation of Assent

Once a bargain is in place, a contract can take form, this becomes what you call a Manifestation of Assent. It is an exchange of mutual terms between two parties and these terms must be both clearly understood by both parties.

The Importance of Meanings in the Manifestation of Assent

You say tomato, I say tomato!

Each party must be aware of the meanings of the terms attached to their manifestations.

The terms should not apply or refer to any other different meanings other than what is agreed upon by both parties.

The first party cannot attach a new or different meaning to the Manifestation of Assent without the second party being made aware of and vice versa.

The contract is called operative if the manifestation of assent is in accordance with the meaning attached by both parties.

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