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NeCede's

Maxim 3.5.11

An error which is not resisted is approved.

Error qui non resistitur, approbatur.

Source: Doct. and Stud. c. 70; Jackson; Weisman, 37d Difficulty 2/5 — Approachable

Explanation

A party who has knowledge of an error and fails to object or correct it in a timely manner is deemed to have accepted it — silence in the face of a known mistake operates as ratification.

Where this applies

  • An error in a contract is discovered and nobody speaks up to correct it.
  • A mistake is noticed but left unchallenged and later treated as accepted.

Legal domains

Cite this maxim

NeCede Max. 3.5.11 — An error which is not resisted is approved. — Doct. and Stud. c. 70; Jackson; Weisman, 37d (Error qui non resistitur, approbatur.)

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