Passive and Active Agreement

Passive Agreement Vs Active Agreement: Key Differences You Need to Understand

In most aspects of life, agreement is often considered to be a positive virtue that fosters cooperation, mutual understanding, and progress. However, not all agreements are the same. In the world of contracts and legal agreements, there are two main types of agreement: passive and active agreement. Understanding the differences between these two types of agreement is crucial, especially if you are involved in the creation or signing of legal documents.

What Is Passive Agreement?

Passive agreement, also known as “implied agreement,” refers to an agreement that is assumed by both parties without any formal communication or expressed consent. This type of agreement is usually inferred from the actions or behavior of the parties involved. For example, if you hire a plumber to fix a leaking faucet in your house and they arrive at your doorstep with their tools, you are assumed to have agreed to their services. This is because you did not object to their presence or communicate your disagreement.

Passive agreement is often seen as an informal, implicit agreement that does not require the parties to express their intentions formally. This type of agreement is often associated with social norms, customs, and routines that are widely accepted within a particular society or group. In most cases, passive agreements are not legally binding.

What Is Active Agreement?

On the other hand, active agreement, also known as “express agreement,” refers to an agreement that is explicitly communicated and acknowledged by both parties involved. This type of agreement is usually formalized in writing and involves the parties signing a contract or agreement that outlines the terms and conditions of their agreement.

Active agreement is often seen as a more formal, legal agreement that is intended to be binding on both parties. This type of agreement is usually used in business transactions, employment agreements, and other legal documents that require a clear expression of intent and understanding between the parties involved.

Key Differences Between Passive and Active Agreement

The main differences between passive and active agreement can be summarized as follows:

1. Communication: Passive agreement does not require any formal communication or expressed consent, while active agreement requires clear and explicit communication between the parties involved.

2. Formality: Passive agreement is often informal and implicit, while active agreement is formalized in writing and usually involves the parties signing a contract or agreement.

3. Legality: Passive agreement is usually not legally binding, while active agreement is intended to be legally binding on both parties.

4. Clarity: Passive agreement can be ambiguous and open to interpretation, while active agreement is intended to be clear and unambiguous.

Conclusion

In summary, understanding the differences between passive and active agreement is crucial, especially if you are involved in legal documents such as contracts. While passive agreement is often informal and implicit, it is not legally binding. In contrast, active agreement is formal, explicit, and legally binding on both parties. By understanding these differences, you can ensure that your agreements are clear, unambiguous, and legally enforceable.

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