Consent

Consent makes the law.

Consensus facit legem.

Source: Branch, Princ.; BL4 "Consent"; Weisman, 21b

No law, contract, or obligation binds a man without his consent — the foundation of every lawful agreement.

Nothing is so contrary to consent as force and fear.

Nihil consensui tam contrarium est quam vis atque metus.

Source: Dig. 50, 17, 116; Broom, Max. 278

Consent procured by threats, violence, or duress is no consent at all — any agreement so obtained is void from the beginning.

He who can exercise his will has the right to refuse to consent.

Qui potest velle, jus habet nolendi.

Source: Dig. 50, 7, 3

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.

To a willing person, no injury is done.

Volenti non fit injuria.

Source: Broom, Max. 268, 269, 271, 395; Wing. Max. 482; Plowd. 501

He who freely and knowingly consents to an act cannot afterwards complain of it as an injury — but the consent must be truly free.

Consent is the united will of several persons to whom a matter pertains.

Consensus est voluntas plurium ad quos res pertinet, simul juncta.

Source: Davis, 48; Branch, Princ.; Lofft, 514; Weisman, 21o

True consent requires the united assent of all parties whose rights are affected — partial assent by some does not bind the rest.

Consent removes error; acquiescence in error takes away the right of objecting to it.

Consensus tollit errorem.

Source: Co. Litt. 126; 2 Inst. 123; Broom, Max. 129; Rogers v. Cruger, 7 Johns. 611; Wharton

A party who consents to or acquiesces in an error, knowing of it and having the opportunity to object, waives his right to later challenge it — consent cures defects, but only where the acquiescence itself is free and informed.

Those who act and those who consent to the act are visited with equal punishment.

Agentes et consentientes pari poena plectentur.

Source: 5 Co. 80; Jackson 43

An officer who consents to a trespass on the rights of the People is equally liable with the officer who executes it.