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NeCede's

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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