California Civil Code CHAPTER 3 - Consent

• Section 1565.
  The consent of the parties to a contract must be:1. Free;2. Mutual; and,3. Communicated by each to the other.(Enacted 1872.)
• Section 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  A consent which is not free is nevertheless not absolutely void, but may be rescinded by the parties, in the manner prescribed by the Chapter...
• Section 1567.
  An apparent consent is not real or free when obtained through:1. Duress;2. Menace;3. Fraud;4. Undue influence; or,5. Mistake.(Enacted 1872.)
• Section 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...
• Section 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,...
• Section 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...
• Section 1571.
  Fraud is either actual or constructive.(Enacted 1872.)
• Section 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...
• Section 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 claiming...
• Section 1574.
  Actual fraud is always a question of fact.(Enacted 1872.)
• Section 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,...
• Section 1576.
  Mistake may be either of fact or law.(Enacted 1872.)
• Section 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...
• Section 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...
• Section 1579.
  Mistake of foreign laws is a mistake of fact.(Enacted 1872.)
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 1584.
  Performance of the conditions of a proposal, or the acceptance of the consideration offered with a proposal, is an acceptance of the proposal.(Enacted 1872.)
• Section 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,...
• Section 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...
• Section 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,...
• Section 1586.
  A proposal may be revoked at any time before its acceptance is communicated to the proposer, but not afterwards.(Enacted 1872.)
• Section 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...
• Section 1588.
  A contract which is voidable solely for want of due consent, may be ratified by a subsequent consent.(Enacted 1872.)
• Section 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...
• Section 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...

Last modified: October 22, 2018