Maxim 6.1.25
Consent removes mistake or error.
Source: Co. Litt. 126; 2 Inst. 123; Broom, Max. 3d Lond. ed. 129; Weisman, 21r
Explanation
When a party consents to a transaction despite a known error, the consent cures the defect — acquiescence waives the right to later challenge on grounds of mistake.
Where this applies
- A party signs a contract knowing the terms differ from what was discussed, and is held to it.
- Someone proceeds with a deal after learning of a mistake, ratifying it by their consent.
Cite this maxim
NeCede Max. 6.1.25 — Consent removes mistake or error. — Co. Litt. 126; 2 Inst. 123; Broom, Max. 3d Lond. ed. 129; Weisman, 21r
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