The postdoc then expresses agreement or disagreement with the choices made. (sciencemag.org)
Wilson points out that the Huffington Post's Terms and Condition do not contain any «valid and express agreement between the parties» regarding payment, but there was no contract either. (slaw.ca)
A similar approach was taken by Lord Toulson, giving the other leading judgment (with which Lords Neuberger and Clarke agreed, and with which Lord Sumption also expressed agreement in a short concurring judgment): (publiclawforeveryone.com)