Consent: Difference between revisions

Revision as of 00:06, 16 September 2016

10 ¶ My son, if sinners entice thee, consent thou not. If they say, Come with us, let us lay wait for blood, let us lurk privily for the innocent without cause:

Proverbs 1 talks about swallowing them up alive as the grave; and whole, as those that go down into the pit:the innocent as if they were dead and obtaining their substance for our own houses.

It talks about having one purse and warns us not to go in that way of the greedy who take away the life of others.

Psalms 83:5 For they have consulted together with one consent: they are confederate against thee:

Hosea 6:9 And as troops of robbers wait for a man, [so] the company of priests murder in the way by consent: for they commit lewdness.

“If I were to remain silent, I'd be guilty of complicity.” Albert Einstein

Consent maxims of law

A contract is a law between the parties, which can acquire force only by consent.
Consent makes the law.

Consensus facit legem.

Those consenting and those perpetrating are embraced in the same punishment.

Consentientes et agentes pari poen plectentur. 5 Co. 80.

"Consent makes the law. A contract is a law between the parties, which can acquire force only by consent."

"Consent makes the law: the terms of a contract, lawful in its purpose, constitute the law as between the parties."

He who is silent appears to consent. Jenk. Cent. 32.

Qui tacet consentire videtur.

He who may consent tacitly, may consent expressly.

Ejus est non nolle, qui potest velle. Dig. 50, 17, 8.

Consent removes or obviates a mistake. Co. Litt. 126.

Consensus tollit errorem.

Fraud maxims of law

One cannot complain of having been deceived when he knew the fact and gave his consent.

Nemo videtur fraudare eos qui sciunt, et consentiunt. Dig. 50, 17, 145.

Every consent given to what has already been done, has a retrospective effect and equals a command.

Omnis ratihabitio retro trahitur et mandato aequiparatur. Co. Litt. 207.

Benefit maxims of law

No one is obliged to accept a benefit against his consent.

Invito beneficium non datur. Dig. 50, 17, 69.

But if he does not dissent he will be considered as assenting. Vide Assent.
It is immaterial whether a man gives his assent by words or by acts and deeds.

Non refert an quis assensum suum praefert verbis, an rebus ipsis et factis. 10 Co. 52.

He who receives the benefit should also bear the disadvantage.

Cujus est commodum ejus debet esse incommodum.

He who derives a benefit from a thing, ought to feel the disadvantages attending it.

Que sentit commodum, sentire debet et onus. 2 Bouv. Inst. n. 1433.

· He who enjoys the benefit, ought also to bear the burden.

A man may relinquish, for himself and his heirs, a right which was introduced for his own benefit.

Potest quis renunciare pro se, et suis, juri quod pro se introductum est. See 1 Bouv. Inst. n. 83.

One who avails himself of the benefits conferred by statute cannot deny its validity.

What I approve I do not reject. I cannot approve and reject at the same time. I cannot take the benefit of an instrument, and at the same time repudiate it.

Assent maxims of law

He who does not forbid what he can forbid, seems to assent.

Qui non prohibit quod prohibere potest assentire videtur. 2 Inst. 305.

"The essence of a contract being assent, there is no contract where assent is wanting."

He who is silent appears to consent. Jenk. Cent. 32.

Qui tacet consentire videtur.

Contract maxims of law

In every contract, whether nominate or innominate, there is implied a consideration.

In omnibus contractibus, sive nominatis sive innominatis, permutatio continetur.

No actions arises on a naked contract without a consideration.

Ex nudo pacto non oritur action. See Nudum Pactum.

Compacts are accustomed to be clothed by thing itself, by words, by writing, by consent, by delivery.

Re, verbis, scripto, consensu, traditione, junctura vestes, sumere pacta solent. Plow. 161.

He who contracts, knows, or ought to know, the quality of the person with whom he contracts, otherwise he is not excusable.

Qui cum alio contrahit, vel est, vel debet esse non ignarus conditio ejus. Dig. 50, 17, 19; 2 Hagg. Consist. Rep. 61.

The agreement of the parties makes the law of the contract.

Contractus legem ex conventione accipiunt. Dig. 16, 3, 1, 6.

A contract is a law between the parties, which can acquire force only by consent.

Consensus facit legem. Consent makes the law.

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@@ Line 48: / Line 48: @@
 == Benefit maxims of law ==
-* One who avails himself of the benefits conferred by statute cannot deny its validity.
-*  What I approve I do not reject. I cannot approve and reject at the same time. I cannot take the benefit of an instrument, and at the same time repudiate it.
 * No one is obliged to accept a benefit against his consent.
-  Invito beneficium non datur.  Dig. 50, 17, 69.
+:  Invito beneficium non datur.  Dig. 50, 17, 69.
 * But if he does not dissent he will be considered as assenting. Vide Assent.
 * It is immaterial whether a man gives his assent by words or by acts and deeds.
 : Non refert an quis assensum suum praefert verbis, an rebus ipsis et factis.  10 Co. 52.
-· He who receives the benefit should also bear the disadvantage.
+* He who receives the benefit should also bear the disadvantage.
-Cujus est commodum ejus debet esse incommodum.
+: Cujus est commodum ejus debet esse incommodum.
 * He who derives a benefit from a thing, ought to feel the disadvantages attending it.
@@ Line 70: / Line 66: @@
 : Potest quis renunciare pro se, et suis, juri quod pro se introductum est.  See 1 Bouv. Inst. n. 83.
+* One who avails himself of the benefits conferred by statute cannot deny its validity.
+*  What I approve I do not reject. I cannot approve and reject at the same time. I cannot take the benefit of an instrument, and at the same time repudiate it.
 == Assent maxims of law ==