The consent of the parties to a contract must be:
1. Free;
2. Mutual; and,
3. Communicated by each to the other.
Cal. Civ. Code § 1565
Consent
Applied in 35 court decisions — leading case 60 Cal. App. 4th 793 - Weddington Productions, Inc. v. Flick (1998)
Most recently applied in Chamber of Commerce of the US v. Rob Bonta (September 2021)
Enacted 1872.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.