Consensus

Perceiving or feeling alike: agi-eement; consent.

Consensus facit legem

Consent makes the law: the terms of a contract, lawful in 1 Brown v. Commonwealth, T8 Pa. 128 (1876).

2 Watt V. Starke, 101 U. S. £52 (1879). » See 3 Bl. Com. 81. • Commonwealth ■..

Lesher, 17 S. & E. 160 (1827), its purposes, constitute the law as between the parties. Consensus, non concutaitus, faeit matrimonium. Consent, not intercourse, creates marriage.

Consensus tollit errorem

Consent removes error: the effect of a mistake is obviated or waived by concurrence. Applies to an irregularity or a matter of mere form in procedure. A defect in substance, pleaded over, is still demurrable. 1 Also applies to volimtary payments of illegal exactions, where recovery could have been prevented.^ Qui tacet consentire videtur. He who is silent is regarded as consenting: silence gives consent. A man who is fully aware of what is being done against his interest cannot remain passive and afterward resist the disadvantage his silence has caused. ^ Nor can a person complain of the effect of words uttered in his presence, when he sliould have denied their truth. 4 The maxim is to be construed as applying only to those cases where the circumstances are such that a party is fairly called upon to deny or to admit his liability. But if silence may be interpreted as assent where a proposition is made to one which he is bound to deny or admit, so also it may be if he is silent in the face of facts which fairly call upon him to speak.* See E.STOPPEI,; Silence.