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NeCede's

Maxim 6.2.4

Where there is disagreement on the substance of the thing, there is no acceptance.

Cum de substantia rei dissentitur, apparet nullam esse acceptationem.

Source: Gardner v. Lane, 12 Allen (Mass.) 44; Weisman, 5a Difficulty 2/5 — Approachable

Explanation

Without consensus ad idem — a meeting of the minds on the essential terms — no agreement exists, whatever words have been exchanged.

Where this applies

  • I thought I was buying a purebred dog but the seller thought we were discussing a different breed.
  • We agreed on a deal but had completely different understandings of what was being sold.

Legal domains

contract

See also

Cite this maxim

NeCede Max. 6.2.4 — Where there is disagreement on the substance of the thing, there is no acceptance. — Gardner v. Lane, 12 Allen (Mass.) 44; Weisman, 5a (Cum de substantia rei dissentitur, apparet nullam esse acceptationem.)

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