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NeCede's

Maxim 6.1.10

Consent is the united will of several persons to whom a matter pertains.

Consensus est voluntas plurium ad quos res pertinet, simul juncta.

Source: Davis, 48; Branch, Princ.; Lofft, 514; Weisman, 21o Difficulty 2/5 — Approachable

Explanation

True consent requires the united assent of all parties whose rights are affected — partial assent by some does not bind the rest.

Where this applies

  • Three of us are involved in a deal but only two agreed to the terms — is the third bound?
  • The homeowners association changed the rules but not everyone in the community agreed.

Topics

Legal domains

See also

Cite this maxim

NeCede Max. 6.1.10 — Consent is the united will of several persons to whom a matter pertains. — Davis, 48; Branch, Princ.; Lofft, 514; Weisman, 21o (Consensus est voluntas plurium ad quos res pertinet, simul juncta.)

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