Maxim 6.1.3
He who can exercise his will has the right to refuse to consent.
Qui potest velle, jus habet nolendi.
Source: Dig. 50, 7, 3
Difficulty 1/5 — Foundational
Explanation
The power to consent necessarily includes the power to withhold consent — no man can be compelled to agree, and any purported consent obtained through coercion, deception, or duress is void. Cite this to challenge government programs or corporate terms that treat silence or participation as consent when no genuine choice was offered.
Where this applies
- The government says I must participate in a program — can't I just say no?
- I'm being told I have to consent to a medical procedure before my child can attend school.
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 6.1.3 — He who can exercise his will has the right to refuse to consent. — Dig. 50, 7, 3 (Qui potest velle, jus habet nolendi.)
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