CHAPTER 3. Consent
Chapter 3 enacted 1872.
§§ 1565–1590 · 29 sections
- § 1565 The consent of the parties to a contract must be: 1. Free; 2. Mutual; and, 3. Communicated by each to the other.
- § 1566 A consent which is not free is nevertheless not absolutely void, but may be rescinded by the parties, in the manner prescribed by the Chapter on Rescission.
- § 1567 An apparent consent is not real or free when obtained through: 1. Duress; 2. Menace; 3. Fraud; 4. Undue influence; or, 5. Mistake.
- § 1568 Consent is deemed to have been obtained through one of the causes mentioned in the last section only when it would not have been given had such cause not…
- § 1568.5 A representation by a minor that the minor’s parent or legal guardian has consented shall not be considered to be consent for purposes of this chapter.
- § 1569 Duress consists in any of the following: (a) Unlawful confinement of the person of the party, or of the spouse of such party, or of an ancestor, descendant, or…
- § 1570 Menace consists in a threat: 1. Of such duress as is specified in Subdivisions 1 and 3 of the last section; 2. Of unlawful and violent injury to the person or…
- § 1571 Fraud is either actual or constructive.
- § 1572 Actual fraud, within the meaning of this Chapter, consists in any of the following acts, committed by a party to the contract, or with his connivance, with…
- § 1573 Constructive fraud consists: 1. In any breach of duty which, without an actually fraudulent intent, gains an advantage to the person in fault, or any one…
- § 1574 Actual fraud is always a question of fact.
- § 1575 Undue influence consists: 1. In the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such…
- § 1576 Mistake may be either of fact or law.
- § 1577 Mistake of fact is a mistake, not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in: 1. An unconscious…
- § 1578 Mistake of law constitutes a mistake, within the meaning of this Article, only when it arises from: 1. A misapprehension of the law by all parties, all…
- § 1579 Mistake of foreign laws is a mistake of fact.
- § 1580 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…
- § 1581 Consent can be communicated with effect, only by some act or omission of the party contracting, by which he intends to communicate it, or which necessarily…
- § 1582 If a proposal prescribes any conditions concerning the communication of its acceptance, the proposer is not bound unless they are conformed to; but in other…
- § 1583 Consent is deemed to be fully communicated between the parties as soon as the party accepting a proposal has put his acceptance in the course of transmission…
- § 1584 Performance of the conditions of a proposal, or the acceptance of the consideration offered with a proposal, is an acceptance of the proposal.
- § 1584.5 No person, firm, partnership, association, or corporation, or agent or employee thereof, shall, in any manner, or by any means, offer for sale goods, wares,…
- § 1584.6 If a person is a member of an organization which makes retail sales of any goods, wares, or merchandise to its members, and the person notifies the…
- § 1585 An acceptance must be absolute and unqualified, or must include in itself an acceptance of that character which the proposer can separate from the rest, and…
- § 1586 A proposal may be revoked at any time before its acceptance is communicated to the proposer, but not afterwards.
- § 1587 A proposal is revoked by any of the following: (a) By the communication of notice of revocation by the proposer to the other party, in the manner prescribed by…
- § 1588 A contract which is voidable solely for want of due consent, may be ratified by a subsequent consent.
- § 1589 A voluntary acceptance of the benefit of a transaction is equivalent to a consent to all the obligations arising from it, so far as the facts are known, or…
- § 1590 Where either party to a contemplated marriage in this State makes a gift of money or property to the other on the basis or assumption that the marriage will…