10.1 Introduction to the Requirement of Real Assent

In contract law, “real assent” refers to the genuine and voluntary agreement of all parties involved in a contract to its terms and conditions. For a contract to be legally valid, it’s essential that all parties enter into it with a clear understanding of the contract’s terms and freely give their consent to be bound by those terms. In other words, in addition to manifestation of assent through the application of the concepts in prior Chapters, a party’s assent must be real as he or she must consent to the contract freely. Real assent ensures that the parties have a meeting of the minds, meaning they understand and agree to the same thing. If the assent to contract is not ‘real’, the resulting contract is typically voidable. Real assent can be compromised or invalidated if any of the following are present:

Duress: If one party is forced, threatened, or coerced into entering into the contract against their will, and thus their consent is not genuine.

Undue Influence: If one party exercises excessive influence or control over the other party, such that the weaker party cannot make an independent decision.

Misrepresentation: If one party makes a false statement or representation that induces the other party to enter into the contract, and the false statement is material to the contract.

Mistake: If one or both parties make a material mistake about a fundamental aspect of the contract such as the subject matter, price, or terms.

Each of these will be discussed in detail in this Chapter.