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NeCede's

Maxim 7.2.26

No one is considered as deceiving those who know and consent to his acts.

Source: Dig. 50, 17, 145; Bouv. 141; Weisman, 29w Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) Volenti non fit injuria — a person who enters a transaction with full knowledge of the other party's conduct and consents to it cannot afterward claim to have been deceived.

Where this applies

  • A man who knowingly buys a used car "as-is" after test-driving it and noticing the engine noise cannot later claim the seller deceived him about the car's condition.
  • A tenant who signs a lease fully aware that the apartment has no air conditioning cannot sue the landlord for fraud over the missing AC.
  • An investor who reads the prospectus disclosing high risk and invests anyway cannot claim she was deceived when the investment loses value.

Legal domains

Cite this maxim

NeCede Max. 7.2.26 — No one is considered as deceiving those who know and consent to his acts. — Dig. 50, 17, 145; Bouv. 141; Weisman, 29w

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