Passive Agreement Legal Term: Understanding it Clearly

The term passive agreement is a legal term that is often used in contracts and agreements. This term refers to the act of agreeing to something by simply not saying or doing anything. The term ‘passive’ refers to the fact that there is no active action involved in agreeing to the terms of the contract. In other words, a person or party agrees to the contract simply by remaining quiet or not objecting.

This type of agreement is often used in situations where a contract is being negotiated and the parties involved have not yet reached a final agreement. In such a scenario, one party may present a proposal or offer, and the other party may remain silent or not object. In this case, the silence or inaction is taken as agreement or acceptance of the terms of the proposal.

It is important to note, however, that a passive agreement is not always legally binding. In some cases, there may be external factors that prevent the legality of such an agreement. For example, the agreement may be outside the scope of legal provisions or may contradict the law.

Passive agreement can also be used in situations where there is a default agreement. This means, if there is no explicit agreement, the parties may still be bound by a passive agreement. For example, if a tenant continues to pay rent to a landlord without any explicit agreement or contract, a passive agreement may be formed.

In the digital world, passive agreement is becoming increasingly popular in the form of website terms and conditions. When a user visits a website, they are typically presented with a list of terms and conditions that they must agree to before using the site. In many cases, users agree to these terms and conditions through a passive agreement, by simply clicking on a button that says ‘agree’ or ‘accept’.

In conclusion, a passive agreement is a legal term that refers to the act of agreeing to something through inaction or silence. It is commonly used in situations where parties have not yet reached a final agreement, and silence or inaction is taken as an agreement to the proposal or offer. However, it is important to ensure that a passive agreement is legally binding and does not contradict established laws and regulations.