Consent

Agreement of mind; concurrence of wills; approval. Compare Assent; Consensus. An agreement of the mind to what is proposed or stated by another.6 The synonym of assent, acquiescence, conoui Tence; agreement or harmony of opinion or sentiment.^ Implies assent to some proposition submitted. In cases of contract, means the concurrence of wills. Supposes a physical power to act, a moral power of acting, and a serious, determined, and free use of these powers.^ The theory of the law in regard to acts done and contracts made by parties, affecting their rights, is, that in all cases there must be a free and full consent to bind the parties. Consent is an act of the reason, ' See Eogers v. Cruger, 7 Johns. •Oil (1808); Morrison V. Underwood, 5 Cush. 55 (1849); Cushing v. Worriok, 9 Gray, 386 (1857); Wilkinson's Appeal, 65 Pa. 190 (1870). » Chicago & Northwestern E. Co. v. United States, 104 U. S. 687 (1881). ' 3 See 99 U. S. 581; 80 Conn. 98; 41 N. H. 465; 9 Barb. 17; 2 Pars. Contr. 759.

4 1 Greenl. Ev. § 197.

1 Day V. Caton, 119 Mass. 515-16 (1876), cases. " Plummer v. Commonwealth, 1 Bush, 78 (1866). accompanied with deliberation... Hence, if consent is obtained by meditated imposition, circumvention, surprise, or undue influence, it is to be treated as a delusion, and not as a deliberate and free act of the mind... Upon thfs groimd the acts of a person non compos mentis are invalid.' Consent rule.

See Ejectment.

Consensual. 1.

Formed by mere consent. In civil law, a contract of sale is consensual; not so a contract of loan. In the case of a sale, upon consent given, the parties have reciprocal actions; in the case of a loan, there is no action till the thing is delivered.^ 3. In the sense of resting upon mere consent, all contracts, except marriage, may be said to be consensual. See Acquiescence; Age; Decree; Duress; Ratification.