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NeCede's

Maxim 6.1.11

Consent removes error; acquiescence in error takes away the right of objecting to it.

Consensus tollit errorem.

Source: Co. Litt. 126; 2 Inst. 123; Broom, Max. 129; Rogers v. Cruger, 7 Johns. 611; Wharton Difficulty 2/5 — Approachable

Explanation

A party who consents to or acquiesces in an error, knowing of it and having the opportunity to object, waives his right to later challenge it — consent cures defects, but only where the acquiescence itself is free and informed.

Where this applies

  • There was an error in the contract but both parties went ahead and performed anyway.
  • I knew the paperwork had a mistake but I accepted it without objection.

Topics

Legal domains

See also

Cite this maxim

NeCede Max. 6.1.11 — Consent removes error; acquiescence in error takes away the right of objecting to it. — Co. Litt. 126; 2 Inst. 123; Broom, Max. 129; Rogers v. Cruger, 7 Johns. 611; Wharton (Consensus tollit errorem.)

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