Maxim 6.1.17
Every consent involves a submission; but a mere submission does not necessarily involve consent.
Source: Black's, 2d. 249; Weisman, 21a
Difficulty 2/5 — Approachable
Explanation
(English-origin maxim.) Consent implies an act of the will; mere submission under compulsion does not — a man who yields to force has not consented, and no obligation arises from coerced compliance.
Where this applies
- A homeowner voluntarily signs a contract with a builder after reviewing terms and negotiating — this is true consent, an act of the will that creates a binding obligation.
- A property owner signs a permit application under threat that the city will condemn his building if he refuses — his signature is mere submission to coercion, not genuine consent, and the obligation may be challenged.
- A parent agrees to a school policy she privately opposes because she fears her child will be expelled if she objects — her compliance is submission under pressure, not consent, and no willing agreement was ever given.
Cite this maxim
NeCede Max. 6.1.17 — Every consent involves a submission; but a mere submission does not necessarily involve consent. — Black's, 2d. 249; Weisman, 21a
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