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NeCede's

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.

Legal domains

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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