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NeCede's

Maxim 6.1.7

Those who are mistaken are not considered as consenting.

Non videntur qui errant consentire.

Source: Bracton, fol. 44; Dig. 50, 17, 116, s. 2; Broom, Max. 262 Difficulty 1/5 — Foundational

Explanation

Consent must rest on accurate knowledge — agreement founded on mistake or deception binds no one.

Where this applies

  • I agreed to buy a house thinking it had 3 bedrooms but it actually has 2.
  • I signed a contract based on false information the other party gave me.

Topics

Coercion & Duress

Legal domains

contract

See also

Cite this maxim

NeCede Max. 6.1.7 — Those who are mistaken are not considered as consenting. — Bracton, fol. 44; Dig. 50, 17, 116, s. 2; Broom, Max. 262 (Non videntur qui errant consentire.)

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