Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    (Civil Law) A contract enforceable by reason of the mere consent of the parties.

  • Black's Law Dictionary: 2nd Edition

    A term derived from the civli law, denoting a contract founded upon and completed by the mere consent of the contracting parties, without any external formality or symbolic act to fix the obligation. Consensus est voluntas plurium ad quos res pertinet, simul juncta. Lofft, 514. Consent is the conjoint will of several persons to whom the thing belongs. Consensns facit legem. Co.nsent makes the law. (A contract is law between the parties agreeing to be bound by it.) Branch, Princ. Consensns, non concubitus, facit nuptias vel matrimonium, et consentire non possnnt ante annos nubiles. 6 Coke, 22. Consent, and not cohabitation, constitutes nuptials or marriage, and persons cannot consent before marriageable years. 1 BL Comm. 434. Consensus tollit errorem. Co. Litt. 126w Consent (acquiescence) removes mlstake. Consensus voluntas multorum ad quos res pertinet, simnl juneta. Consent is the united wlll of several interested in one subject-matter. Davis, 48; Branch, Prine,