Konkludenter

Konkludenter is a Norwegian term used to describe instances where a conclusion, consent, or agreement is inferred from a person’s conduct rather than from explicit statements. The related adjective konkludent describes something that is tacit or implied by behavior. The term is most often used in legal, contractual, and linguistic discussions.

In contract law and related fields, konkludent implies consent, acceptance, or agreement that is evidenced by actions rather than by explicit phrases. A konkludent avtale is an agreement formed by conduct rather than a signed contract or verbal assent. This concept is distinct from express consent, which is given in written or spoken form, and it depends on the surrounding circumstances and applicable law.

Common examples include continuing to use a service after being notified of updated terms, which may be treated as tacit acceptance, or a tenant remaining in a rented property and paying rent after a lease term ends, which can indicate a konkludent renewal or holdover. The idea also appears in consumer transactions when a customer keeps an item after a trial period or uses a product in a way that implies purchase.

Etymology and usage notes: the word derives from the verb konkludere, meaning to conclude; konkludent describes how a conclusion is reached through conduct rather than explicit statements. The plural form konkludenter is used in contexts to refer to multiple instances of such tacit conclusions. In practice, the use of konkludent consent can raise questions about clarity and fairness, and its applicability varies by jurisdiction and specific circumstances. See also tacit consent, implied terms, and consent by conduct.