Maxim 6.1.19
Consent-A concurrence of wills.
Source: Black's, 2d. 249; Weisman, 21e; Weisman, 95jj
Difficulty 2/5 — Approachable
Explanation
(English-origin maxim.) True consent requires a meeting of two wills — the concurrence must be mutual, voluntary, and informed for any obligation to arise.
Where this applies
- A contract is challenged because one party was coerced into signing, meaning there was no true concurrence of wills.
- Two business partners shake hands on a deal, each freely agreeing to the terms — this mutual, voluntary meeting of minds constitutes consent.
- A man signs a document written in a language he does not understand, and the court holds there was no real consent because the wills never truly concurred.
Cite this maxim
NeCede Max. 6.1.19 — Consent-A concurrence of wills. — Black's, 2d. 249; Weisman, 21e; Weisman, 95jj
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