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CONSENSUAL CONTRACT

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

A term derived from the civil 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. Consensus facit legem. Consent makes the law. (A contract Is law between the parties agreeing to be bound by it) Branch, Princ Consensus, non concubitua, facit nuptias vel matrimonium, et consentire non possunt 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 126. Consent (acquiescence) removes mistake. Consensus voluntas multorum ad quos res pertinet, simul juncta. Consent Is the united will of several interested in one subject matter. Davis, 48; Branch, Plant

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