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NeCede's

Maxim 3.6.14

Every consent removes error.

Omnis consensus tollit errorem.

Source: 2 Inst. 123; Bouvier, Max.; Weisman, 37c Difficulty 1/5 — Foundational

Explanation

When a party, fully informed, freely consents to the terms of a transaction, his consent cures any prior defect of error — knowing ratification validates the act.

Where this applies

  • A party who was initially mistaken about a contract later agrees to it with full knowledge.
  • Someone ratifies a transaction they originally entered into by mistake.

Legal domains

contractcriminal

See also

Cite this maxim

NeCede Max. 3.6.14 — Every consent removes error. — 2 Inst. 123; Bouvier, Max.; Weisman, 37c (Omnis consensus tollit errorem.)

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