Imagine this: You sign a contract for a new service. The salesperson is friendly, the price seems reasonable, and you skim through the agreement before signing. A few months later, you realize you’ve been charged hidden fees. When you challenge it, the company points to a clause buried in the fine print.
But here’s the kicker—recent court rulings suggest that if you weren’t properly informed, that contract might not even be enforceable.
That’s where informed consent comes in.
Informed consent is not a new concept—it has been a cornerstone of medical ethics for decades. In healthcare, patients must be given clear, comprehensive information about medical procedures, risks, and alternatives before they can agree to treatment. Without informed consent, a doctor performing a procedure could face legal consequences, even if the patient signed a consent form.
But in recent years, the idea of informed consent has been making its way into the wider legal world, particularly in contract law, consumer rights, and data privacy.
Why? Because courts and regulators are recognizing that simply signing an agreement doesn’t mean someone truly understood it.
Just like a patient needs to know what a surgery involves before agreeing to it, a business or consumer needs to fully grasp the terms of a contract before being bound by it.
For consent to be legally valid, it must be:
✅ informed – The person must be properly exposed to the terms in a way that allows them to understand their implications.
✅ comprehended – The language must be clear enough for the average person to understand.
✅ voluntary – The agreement must be entered into without pressure, deception, or hidden terms.
This shift in legal thinking means that contracts are no longer just about what’s written on paper—they are about how well the other party understood what they were signing.
And if you can’t prove that they truly understood?
Your contract might not be enforceable.
For consent to be informed, it’s not enough for information to exist—it has to be presented in a way that people can reasonably understand and given to them in a way that ensures they actually see it.
That means:
✔️ clear language – No hidden legal jargon traps
✔️ key terms upfront – No surprises buried in the fine print
✔️ real opportunity to review – Time to read, ask questions, and seek clarification
Being informed isn’t just about having access to the information—it’s about having the chance to process it. If a contract is too complex, deceptive, or rushed through, then consent isn’t truly informed.
Consent isn’t just a checkbox—it’s a genuine decision made freely.
A contract should never be signed under:
🚫 Pressure or manipulation
🚫 Misleading claims about what it really means
🚫 Conditions that force agreement without real alternatives
If someone wasn’t given enough time or explanation to fully grasp what they were agreeing to, is that real consent? Courts are starting to say no.
For years, companies have relied on long, complex contracts to protect themselves—but courts are shifting in favor of consumers and businesses who weren’t properly informed.
Motor dealers that failed to specifically disclose commissions when arranging finance had breached their fiduciary duty to act in customers’ best interests.
"Terms buried in fine print may not be enforceable, even if the contract was signed."
This Act strengthens consumer protection by introducing stricter rules on misleading practices and reinforcing the need for complete clarity in consumer contracts.
In this landmark case, the Court of Appeal held that merely signing a document did not provide "informed consent" and that solicitors could not charge additional fees without ensuring clients fully understood the agreement.
"The sign-up process the defendant used was not fair, and they were not properly or adequately 'informed'. Simply requesting a 'click' to e-sign the document was insufficient evidence of consent."
These rulings highlight a major shift—if consent isn’t informed, contracts can be challenged or even voided.
Regulatory bodies are reinforcing the need for clear, informed agreements.
Financial Conduct Authority
"It’s not about presenting a customer with a form and saying, 'Tick this box to show you understood it.' " - Kate Tuckley, FCA Head of Consumer Investments
Solicitors Regulation Authority
"We ask the firm to show us that the client has given informed consent to the arrangement."
General Medical Council
"All patients must be supported to make informed decisions about their care."
Regulators are making it clear: informed consent is no longer optional—it’s a requirement.
So what does this mean for businesses? If you want your contracts to hold up, you need proof that consent was informed.
How to protect your contracts:
✅ Use clear and simple language
✅ Make sure people are exposed to and have time to understand key terms
✅ Keep a record of how consent was obtained
No proof? Your contract could be worthless.
At i agree, we believe contracts should be clear, fair, and enforceable. If you can’t prove informed consent, your contract isn’t worth the risk.
Want to make sure your agreements hold up? Let’s talk.