Which statement best describes consent in contract formation?

• A. Genuine consent
• B. Consent is irrelevant to contract formation
• C. Consent must always be oral
• D. Consent occurs automatically without parties agreeing

Answer: (A)

Consent must be genuine. In contract formation, both parties must truly agree to the terms and intend to be bound. This means the agreement isn’t obtained through misrepresentation, fraud, coercion, undue influence, or mistaken beliefs that could undermine the assent. Consent can be expressed in writing, spoken, or implied by conduct, depending on the contract and applicable law; the crucial point is that the parties freely understand and accept the terms. If consent isn’t genuine, the contract can be voidable or unenforceable, even if there was an offer and acceptance. For real estate contracts, while many agreements must be in writing to satisfy legal requirements, that does not change the need for genuine consent. The other statements don’t fit: consent isn’t irrelevant to forming a contract; it doesn’t have to be oral; and it doesn’t occur automatically without the parties’ agreement.