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NeCede's

Maxim 3.6.12

He who errs does not consent.

Non consentit qui errat.

Source: 1 Bouv. Inst. no. 581; Bouvier, Max.; Weisman, 39ff Difficulty 2/5 — Approachable

Explanation

Consent founded on mistake is no consent at all — a contract or waiver procured through the other party’s error is voidable at the election of the mistaken party.

Where this applies

  • A contract is signed based on a misunderstanding of its terms.
  • Someone agrees to a deal they would not have agreed to if they had correct information.

Legal domains

inheritanceinterpretation

See also

Cite this maxim

NeCede Max. 3.6.12 — He who errs does not consent. — 1 Bouv. Inst. no. 581; Bouvier, Max.; Weisman, 39ff (Non consentit qui errat.)

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