Consent is not mutual, unless the parties all agree upon the same thing in the same sense. But in certain cases defined by the Chapter on Interpretation, they are to be deemed so to agree without regard to the fact.
Cal. Civ. Code § 1580
Consent
Applied in 24 court decisions — leading case 60 Cal. App. 4th 793 - Weddington Productions, Inc. v. Flick (1998)
Most recently applied in 7 Cal. 5th 781 - Monster Energy Company v. Schechter (July 2019)
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.