Complete consensus? – or: “That’s not how I imagined it would be…“

Kitty and Tom are having breakfast when Tom enthusiastically tells her what is on his mind: “You know, Fritzi and Taylor told me about this new breakfast trend…Poppy seed rolls! It’s supposed to be the absolute hot thing for a healthy start into the day. They are really excited about it – and it would have completely changed their breakfast routine, yes, totally improved it – they both say. What do you think, shall we go for it too? The taste is supposed to be sensational; I’ve already seen lots of posts and videos on social media from users who can’t stop raving about it…”
Tom shares this with sparkling eyes – and it occurs to Kitty that she has actually thought about these widely praised poppy seed rolls herself. When some of her colleagues talk about them, they almost sound like a fountain of youth – which is why she doesn’t consider Tom’s suggestion completely absurd, even though none of them has ever tried a poppy seed roll anywhere before. But now she wants to find out and not be a spoilsport: “Okay, Tom, if you say so, let’s do it… Poppy seed rolls? Count me in!”
Already in the evening, Tom reports his achievement: “It was on offer at the hypermarket, a six-month supply – 750 pieces in a freezer box, so I jumped at the chance!” And so, nothing stands in the way of the new breakfast ritual the next morning. Tom gets up extra early and quickly prepares two rolls for each of them – and soon the two are sitting opposite one another, biting into the promised delicacy. “Hmm…”, says Tom, “it takes some getting used to at first – but I think I could gradually become a fan of it…” While Kitty struggles to suppress retching and thinks desperately: “THESE are poppy seed rolls??? If only I had known beforehand, they’re completely unbearable… How am I going to get out of this now – not to mention the half-year’s supply and Tom’s burgeoning enthusiasm…?”
So today’s topic starts with poppy seed rolls… Although you probably already suspect that I’m not really talking about poppy seed rolls, but rather about types of ethical multiple relationships – and especially the idea of “consensus” or mutual agreement – particularly as in the case of Kitty and Tom – on something that was previously mostly unknown to both of them.
I would like to share my thoughts on this step by step – and ask you, my dear readers, to accompany me on this journey of discovery, in the hope that we can all shed some light on the mechanisms of consensus and consensual behaviour (for those in a hurry: I will differentiate between the two in more detail at the end of this Entry).
Looking at the story of Kitty and Tom (especially Kitty’s struggle for a way out), the first question that comes to my mind is whether it would even be legally possible (in my case: in Germany), to give consent to something whose exact nature is not fully known.
This issue obviously touches on fundamental principles of contract law and the law of intent.
The main principles are as follows:
- For a declaration of intent to be binding, a valid consensus is required. This means that the parties must agree on the essential elements of an agreement (which lawyers refer to as “essentialia negotii”).
- Consensus requires that those making the declaration know or at least understand the content of their declaration. A “blind” consensus on unknown content is problematic. (see below)
Legal situation and important considerations
- Clarity of intent and knowledge of content:
According to Paragraph 116 of the German Civil Code (BGB), a declaration of intent made while unconscious or in a state of temporary mental incapacity is null and void. Therefore, the declaration must be based on a certain level of clarity of intent. - Error regarding content (Paragraph 119 BGB):
If someone is mistaken about the content of their declaration, the declaration can be contested. This shows that the content at least plays a role and must be known in order to be effective. - Concluding a contract with incomplete information:
There is no obligation to know everything perfectly, but agreeing to completely unknown or unclear terms and conditions is risky. Parties are often required to inform themselves to a reasonable extent. (!!! You are familiar with this, for example, from the infamous GTC, which you should not simply tick or sign without reading !!!) - Information requirements and transparency:
In certain areas of law (e.g. regarding consumer protection), there are information requirements designed to ensure that consent is given on an informed basis. - Tacit consent or consent to unknown content:
If the content is unknown but the declaration is made nonetheless, this may be regarded as a lack of intent, rendering the declaration contestable or void.
Okay, so it is not absolutely necessary to have complete knowledge of every detail, but a basic understanding and the ability to express oneself clearly are essential. However, a “consensus” on completely unknown or incomprehensible content is apparently legally problematic and can lead to contestability or nullity. In practice, though, it seems advisable to obtain information about essential content before giving consent in order to avoid disputes later on.
In our example, a lawyer would probably ask whether both Kitty and Tom had sufficiently informed themselves in advance about “poppy seed rolls” – and what the purchase of a six-month supply would entail. We see that the responsibility here is placed rather substantially on the side of those who agree, in that they would have to prove that the aforementioned “informed basis” (without precise detailed knowledge, mind you!) was completely lacking – or that someone had been intentionally deceived.
“Poppy seed rolls! Oligotropos, really; ethical multiple relationships are not commodities that you buy in a shop and then discover you have made a contractual error. Such relationships are rather a process, a course of events…” – one could reproach me at this point…
All right, then perhaps it would be better to look at “intangible issues” that one can agree on, such as an event or a holiday, where I might be dissatisfied with how things turned out because I had anticipated something different beforehand:
1. Context: Event or holiday trip
- When you attend an event or book a holiday trip, you usually enter into a contract that specifies certain services and a schedule.
- The basis is usually a description of services (e.g. programme, accommodation, benefits) which you agree to.
2. Dissatisfaction vs. non-compliance with contract
- Dissatisfaction alone is not a sufficient reason to take legal action.
Everyone has personal expectations that cannot always be met. - The decisive factor is whether the organiser has breached essential contractual obligations or whether there is a genuine defect, i.e. whether the actual service deviates significantly from the agreed or advertised service.
A) Example: Holyday
- If, for example, the accommodation does not match the description (e.g. rooms are very dirty, promised services are not provided), this constitutes a genuine defect. You then have the right to complain about the defect and, if necessary, demand a price reduction or compensation.
- If you are “only” annoyed about the schedule, programme or circumstances (“It was so hot every day in Kenya…!”), but this was contractually agreed or foreseeable, this does not constitute a legal defect.
B) Example: Event
- If, for example, a concert or event is significantly shorter than advertised or important parts of the programme are cancelled, this may constitute a defect.
- However, if you simply had different expectations (e.g. regarding atmosphere or intensity), this does not count.
A subjective feeling of disappointment about the possible outcome is therefore not sufficient… Legal claims only exist if the actual result deviates significantly (through deception or wilful negligence) from what was agreed.
Interim conclusion: Indeed – we can actually agree to a matter or course of events in advance, even if we are not fully aware of every single aspect of its content or how it will unfold!
As it turns out, this is even quite common in everyday life, because it is often impossible to know all the details in advance. Agreements (and contracts) are therefore usually based on relevant key points, not on every single item. And even the legislator does not require that one must be perfectly informed, but rather that there is a fundamental consensus on the essential points (!). Plus: There is a certain degree of reasonableness, i.e. you have to inform yourself to a reasonable extent and understand what you are getting yourself into. However, the limit of this is reached when important information is deliberately withheld or the reality differs significantly from the description.
The following therefore already applies at this point:
- Read contracts, GTCs and service descriptions carefully (…what are poppy seed rolls? What means “open” concerning multiple relationships…, what can I expect…?)
- Ask if anything is unclear (Poppy seed rolls? The ones with poppy seeds on them? Multiple relationships? Meaning with several partners? )
- Check out reviews, experience reports, or independent sources (e.g., in poppy seed roll forums or at regulars’ tables and workshops on open relationships).
So much for our excursion into the world of our rights and obligations – but could something like this possibly be transferred to a mutually agreed type of relationship? For example, if I want to agree on an “open relationship” or even “Polyamory” with a partner, and I may have read a book or watched a YouTube video about it, but I don’t know exactly what to expect or find it difficult to assess the consequences for our relationship?
This is a rather sensitive issue that addresses the tension between the legal, emotional and social aspects of a shared relationship model:
- Relationship models such as open relationships or Polyamory are no legal ‘contracts’ in the traditional sense.
Such relationship agreements are, as you’d expect, not legally binding contracts like purchases or service deals. [Exception¹] Instead, they’re based on mutual understanding, trust, and communication. - Principle: Informed consent and communication
However, as with contracts, it is also essential in relationships that all partners are as informed as possible and give their deliberate consent.
If the parties involved have only explored the topic superficially (e.g. through social media posts or a podcast) but do not know exactly what to expect or what emotional consequences it may have, this is comparable to incomplete information. - Consequences of unclear expectations
- Emotional harm, misunderstandings or conflicts can arise when expectations and boundaries have not been clearly communicated or understood.
- However, unlike in contract law, there is no possibility of formally “contesting” or “reversing” a relationship agreement.
- (Joint) responsibility
- Similar to contracts, each person in a relationship has a responsibility to consider the consequences and talk honestly about uncertainties.
- If one has not gathered sufficient information or is not yet aware of one’s own feelings and boundaries, this can put a strain on the relationship, but it is not a legal concern, rather a matter of trust, mutual respect, and communication.
- Recommendations regarding relationship models to be agreed upon
- Active, open discussions about expectations, boundaries, fears, and desires are essential.
- Shared learning, e.g. through literature, workshops or counselling, can help to develop a better understanding.
- Flexibility and regular reflection of the agreements are advisable because feelings and needs can change.
Therefore, when planning or agreeing on a type of relationship that one has not yet experienced oneself, it is understandable that it is difficult to fully guarantee all of these aspects. Nevertheless, there are now some noteworthy approaches that can help with implementation.
The English-speaking world has also seen the emergence of the concepts of “enthusiastic consent” (eager, voluntary consent) and “mutual intent” (mutual intention/shared goal), which are (or should be) central to relationship structures such as open relationships or Polyamory in order to ensure clarity, trust and dignity for all involved [I will address the origins and fundamentals of these two concepts in the final paragraph of this Entry!].
1. Conscious and open communication as a basis
- Be transparent about your own level of knowledge:
Be honest with yourself and your partner about the fact that you have not yet lived the model and are still learning what it means in practical terms. - Regular dialogue:
Agree that you can discuss feelings, needs, and boundaries at any time, even if these change during the process. - Ask questions and listen:
Encourage mutual question-asking to ensure that all aspects are being understood.
2. Gradual engagement with clear options for backing out
- Instead of agreeing to “all or nothing” right away, you can experiment with small steps and observe how it feels.
- Agree that anyone can say “stop” at any time if something does not feel okay.
3. Learning together and sharing resources
- Read books together, watch videos or attend workshops on your planned kind of relationship.
- Consider seeking counselling services, such as relationship therapy or specialised coaches, to address any uncertainties.
4. Promoting “enthusiastic consent”
- Enthusiastic consent arises when all parties involved feel secure, respected and free (only a genuine, unambiguous “yes” really means “yes!”).
- Avoid pressure, expectations or implicit obligations (“Okaaayyyy…” / “Well, if you say so…” / “I don’t want to be a spoilsport…”)
- Pay attention to non-verbal signals and emotions, not just the spoken word.
5. Establishing “mutual intent”
- Clarify together what you want to achieve with this kind of relationship (e.g. more freedom, honesty, closeness, experiences, companionship).
- Make sure that the aims and boundaries are clear to everyone and shared by all.
- If necessary, document your agreements in writing or in the form of shared guidelines to prevent misunderstandings.
“Enthusiastic consent” and “mutual intent” are therefore not conditions that can be created once and for all, but rather ongoing processes of communication, trust and reflection. After all, “trying things out” or “taking a step-by-step approach” is not as easy in these types of relationships as it is with factual contracts or booked events, because there are always real people with feelings, needs and expectations involved.
Nevertheless, even in the best-case scenario, a new (romantic)
It is important to consciously take this development slowly and carefully – this is precisely what “step by step” means in an emotional sense.relationship usually does not develop overnight, but often evolves in stages: getting to know each other, building trust, regular contact, emotional closeness.
“Enthusiastic consent” therefore also means that all parties involved always agree voluntarily and willingly, because every (individual) relationship deserves respect and attention. The aim here is not to define or expect everything immediately, but to allow space for relationships to develop organically. And under no circumstances should anyone be pressured into a relationship before they feel truly ready for it.
It remains important here that everyone involved communicates honestly when needs change or when someone requires a break, because relationships can change, grow or even end.
Keyword “ending”: Indeed, because this is also a realistic and common challenge in open or polyamorous relationship models:
If partners experience difficulties or severe stress with the agreed kind of relationship, it may indeed be necessary to end or postpone a new relationship – at least temporarily or even permanently – in order to protect the safety and well-being of everyone involved. Open relationships thrive on a sensitive balance between the needs and boundaries of all parties involved. If someone feels overwhelmed or hurt, this is a serious signal.
Sometimes this means accepting compromises in favour of an existing relationship, taking things more slowly with new romantic partners, or even ending relationships if they lead to serious conflicts. It is important that this is done as respectfully and honestly (and timely!) as possible, and with consideration for everyone involved.
Ethical, open relationship models are no “blank approvals”; they require mindfulness, communication and sometimes difficult decisions – just like any other interpersonal arrangement that relies on balance and adaptation.
My already lengthy Entry would usually come to an end at this point. However, I would like to conclude by sharing two sources with you that could be important in discussions with your loved ones on these topics. This concerns, to begin with, the clear distinction between “consensus” and “consensual behaviour”, which is often confused in heated discussions – but unfortunately also in order to enforce personal claims:
► Consensus / consent
- Definition:
Consensus means that all parties involved agree to and accept a decision or arrangement. It is a mutual accord in which no one objects. - Characteristics:
- Consensus is often understood as “everyone says yes”
- It may also mean that everyone can live with the solution, even if it is not everyone’s first choice.
- In practice, this can lead to decisions being discussed until everyone agrees or at least no longer objects.
- Often used in group decisions, negotiations or when concluding contracts.
- Challenges:
- Reaching consensus can require time and energy because all parties involved must be included.
- Sometimes agreement is given out of politeness or social pressure, without really being “enthusiastic” about it.
► Consensual behaviour(Consent Culture / Enthusiastic Consent)
- Definition:
Consensual behaviour means that consent is given actively, voluntarily, knowingly and enthusiastically. It is not just about the absence of refusal, but about genuine, positive agreement. - Characteristics:
- Consent is given consciously and with full understanding of the situation.
- There is scope for questions, doubts and expressing boundaries.
- Rejection or uncertainty are respected and do not lead to pressure to agree.
- Is particularly emphasised in aspects involving sexuality, relationship models, or ethical communication.
- Promotes a culture of respect, openness and mutual understanding.
- Challenges:
- Requires a great deal of self-reflection, communication and sensitivity.
- It is an ongoing process, not a once-off consent.
| Aspect | Consensus | Consensual behaviour (Enthusiastic Consent) |
|---|---|---|
| Basic idea | everyone agrees, or at least no one disagrees | active, voluntary, conscious and eager agreement |
| Focus | mutual agreement | quality and voluntary nature of consent |
| Dealing with doubts | sometimes doubts are ignored | doubts are taken seriously and respected |
| Application | group decisions, contracts | interpersonal relationships, ethics, (including sexuality!) |
| Challenges | time-consuming, risk of passive consent | requires openness and continuous communication |
And last but not least, the fundamentals of “enthusiastic consent” and “mutual intent”:
Like Polyamory and Oligamory themselves, both concepts have their roots in feminist movements and critical discourse on sexuality, power relations, and interpersonal communication. They arose from the desire to make consent and agreement more conscious, voluntary and equal – as a reaction to power imbalances and a lack of clarity in traditional models.
Here’s an overview of the early sources and origins:
♦ Enthusiastic Consent (“eager, voluntary consent”)
- Origin:
The concept of “enthusiastic consent” developed in the 1980s and 90s in the context of feminist and sex-positive movements that opposed traditional, often patriarchal notions of consent in sexual relationships. - Important early sources and influences:
- Feminist sex educators and activists such as the Sex-Positive Feminists emphasised that consent must not merely be the absence of a “no”, but rather a clear, positive and joyful “yes”.
- The term was promoted through workshops, pamphlets and feminist literature, for example in the work of groups such as “SlutWalk” and activists such as Annie Sprinkle and Joanna Macy.
- In the anti-rape movement (#metoo), “enthusiastic consent” was also established as a counter-model to “tacit consent” or “non-resistance”.
- Literature example: “The Politics of Pleasure” (1998) by Carol Queen, a feminist collection that addresses the topic of consent and sexuality from a sex-positive perspective.
♦ Mutual Intent (“mutual intention / shared goal“)
- Origin:
“Mutual intent“ is a term that already originates from legal philosophy, communication and relationship research, but has also influenced feminist theories on the importance of mutual consent and shared intent in relationships. - Important early sources and influences:
- In feminist theory, “mutual intent” has been discussed as a counter-model to one-sided power relations and “tacit agreements”.
- Philosophers such as Jürgen Habermas (“The Theory of Communicative Action”, 1981) shaped the understanding of “mutual agreement” as the basis of rational communication and social interaction, which feminist theorists applied to questions of relationships and consensus.
- Feminist relationship models (e.g. by bell hooks or Adrienne Rich) emphasise conscious, mutual consensuality as the basis for healthy relationships.
- Literature example:
- “The Ethics of Ambiguity” by Simone de Beauvoir (1947) – early feminist reflections on freedom and mutual respect.
- “All About Love” by bell hooks (2000) – discusses love as a conscious, mutual practice.
¹ Caution should be exercised here with regard to monogamous marriage, which is also often referred to as a “relationship model”. Of course, all of the quality tips outlined here can also be applied to this type of relationship – and it would be nice if monogamous relationships also benefited from a stronger culture of awareness, especially with regard to “what” the specific (or expected) content of such an arrangement is (or should be).
However, a secular marriage concluded before a civil registrar is primarily a binding civil contract between individuals, which establishes enforceable legal obligations with regard to shared property, provision/care, alimony, possible offspring (custody) and inheritance law.
Thanks to my fellow blogger Sacriba Schmied from sacriba’s Blog for the inspiration for this Entry – and to Leopold Böttcher on Pixabay for the photo!











