Consensual Contract Law and Legal Definition

In History, a consensual contract is a contract that arises from the mere consensus of the parties. It does not require the performance of any formal or symbolic acts to fix the obligation. Although the consensual contract was known to the common law, it originated in Roman law. In Roman law, this embraced four kinds of contracts in which informal consent alone was sufficient: (1) an agency agreement (2) a partnership agreement, (3) a sale, or (4) a letting or hiring. Consensual contracts require no formalities to create them out of the Pact. Consent of the parties is more emphatically given in a consensual contract. When the assent of parties is given, at once there forms a contract.