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.
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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