August le Blanc
I am thinking about agreement and consent... I have heard that when we use the word consent it recognizes and acknowledges the authority of the agent asking the question. Whether we consent or not... a catch 22.
So my question is Would it be better to Say... I do not agree with your terms and conditions and decline your offer, I also waive the benefits of what you are trying to sell me... I ask this cause the last time I was stopped... I made some mistakes and do not care to repeat them.
From: http://legal-dictionary.thefreedictionary.com
Agreement: A meeting of minds with the understanding and acceptance of reciprocal legal rights and duties as to particular actions or obligations, which the parties intend to exchange; a mutual assent to do or refrain from doing something; a contract.
The writing or document that records the meeting of the minds of the parties. An oral compact between two parties who join together for a common purpose intending to change their rights and duties.
An agreement is not always synonymous with a contract because it might lack an essential element of a contract, such as consideration.
Consent:
Voluntary Acquiescence to the proposal of another; the act or result of reaching an accord; a concurrence of minds; actual willingness that an act or an infringement of an interest shall occur.
Consent is an act of reason and deliberation. A person who possesses and exercises sufficient mental capacity to make an intelligent decision demonstrates consent by performing an act recommended by another. Consent assumes a physical power to act and a reflective, determined, and unencumbered exertion of these powers. It is an act unaffected by Fraud, duress, or sometimes even mistake when these factors are not the reason for the consent. Consent is implied in every agreement.
Parties who terminate litigation pursuant to a consent judgment agree to the terms of a decision that is entered into the court record subsequent to its approval by the court.
In the context of rape, submission due to apprehension or terror is not real consent. There must be a choice between resistance and acquiescence. If a woman resists to the point where additional resistance would be futile or until her resistance is forcibly overcome, submission thereafter is not consent.
legal-dictionary.thefreedictionary.com
The main source of TheFreeDictionary's legal dictionary is West's Encyclopedia of American Law, Edition 2 , which contains more than 4,000 entries detailing terms, concepts, events, movements, cases, and individuals significant to United States law.
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