ASSENT. Approval of something done.
An undertaking to do something in compliance with a request.
In strictness, assent is to be distinguished from consent, which denotes a willingness that something about to be done, be dune • acceptance, compliance With, or receipt of, something offered; ratification, rendering valid something done without authority; and approval, an expression of satisfaction with some act done for the benefit of another beside the party approving. But in practice the term is often used in the sense of acceptance and approval. Thus, an offer is said to be assented to, although properly an offer and acceptance complete an agreement. It is apprehended that this confusion has arisen from the fact that a request, assent, and concurrence of the party requesting complete a contract as fully as an offer and acceptance. Thus, it is said there must be a request on one side, and assent on the other, in every contract, 5 Biogh. N. c. 75 ; and this assent becomes a promise enforceable by the party requesting, when he has done any thing to entitle him to the right. Assent thus becomes in reality (so far as it is assent merely, and not acceptance) an offer made in response to a request. Assent and approval, as applied to acts of parliament and of congress, have become confounded, from the fact that the hills of parliament were originally requests from parliament to the king. See 1 Blackstone, Comm. 183.
Express assent is that which is openly de clared. Implied assent is that which is pre sumed by law.
' 2. Unless express dissent is shown, accept ance of what it is for a person's benefit to take, is presumed, as in the case of a convey ance of land, 2 Veutr. 201 ; 3 Mod. 296; 3
Lev. 284; 3 Barnew. & AId. 31; 1 Binn. Penn. 502; 5 Serg. & R. Penn. 523; 14 id. 296 ; 12 Mass. 461. 2 Hayw. No. C. 234; 4 Day, Conn. 395 ; 20 Johns. N. Y. 184 ; 15 Wend. N. Y. 656; 4 Heist. N. J. 161; 6 Vt. 411; as to the effect of assent (or acceptance) of the grantee upon the delivery of a deed by a per son other than the grantor, see 9 Mass. 307; 8 Mete. Mass. 436; 9 Ill. 176; 5 N.H. 71; 4 Day, Conn. 66; 20 Johns. N. Y. 187; 2 Ired. Eq. No. C.557; 5 Barnew. & C. 671; 1 Ohio, pt. 2, 50; 2 Washburn, Real Prop. 579; or in case of a devise which draws after it no charge or risk of loss. 17 Mass. 73 ; 3 Munf. Va. 345 ; 4 id: 332 ; 8 Watts, Penn. 9. See 1 Wash. C. C. 70.
3. Assent must be to the same thing in the same sense, 1 Sumn. C. C. 218 ; 3 Johns. N.Y. 534; 7 id. 470; 18 Ala. 605; 3 Cal. 147; 4 Wheat. 225 ; 5 Mees. & W. Exch. 575 ; it must comprehend the whole of the proposition, must be exactly equal to its extent and pro visions, and must not qualify them by any new matter. 5 Mees. & W. Exch. 535; 4 id. 155 ; 4 Whart. Penn. 369 ; 3 Wend. N. Y. 459 ; 11 N. Y. 441; 1 Mete. Mass. 93; 1 Parsons, Contr. 400.
In general, when an assignment is made to one for the benefit of creditors, the assent of the assignees will be presnmed. 1 Binn. Penn. 502, 518; 6 Watts & S. Penn. 339 ; 8 Leigh, Va. 272, 281. But see 24 Wend. N. Y. 280.