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NeCede's

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.

Legal domains

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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