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NeCede's

Maxim 6.1.20

What I accept I do not reject.

Source: Broom, Max. 3d Lond. ed. 636; Weisman, 21g; Weisman, 21f Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) Acceptance and rejection are incompatible — a party who accepts a benefit or condition cannot simultaneously disclaim it, and acceptance binds.

Where this applies

  • A man accepts a severance package from his employer and then tries to sue for wrongful termination — the court says he cannot accept the benefit and reject the condition that came with it.
  • A buyer accepts delivery of goods and then claims she never agreed to the purchase — acceptance and rejection are incompatible.
  • A tenant accepts a lease renewal with new terms and then tries to insist on the old terms — by accepting, she cannot simultaneously reject what she agreed to.

Legal domains

Cite this maxim

NeCede Max. 6.1.20 — What I accept I do not reject. — Broom, Max. 3d Lond. ed. 636; Weisman, 21g; Weisman, 21f

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