Duhaime's Law Dictionary


Consensus Tollit Errorem Definition:

Latin: Consent obviates errors in the course of judicial proceedings.

Related Terms: Volenti Non Fit Injuria

The maxim is very similar to volenti non fit injuria.

As was said by chief justice Brickell in McNeil v. State of Alabama:

"Consent removes or obviates mistakes or errors in the course of judicial proceedings. Consensus tollit errorem, is a conservative maxim of general application."

In the Wisconsin Court of Appeals, Justice Brown used these words (in County of Racine v Smith) to dismiss an application to attempt, after the fact of it, to avoid a guilty plea:

"He cannot be heard to complain of an act to which he deliberately consents - consensus tollit errorem."

Or these clear words of Justice Shulman of the Court of Appeals of Georgia in Carroll v. Equico Lessors:

"An appeal does not lie from a judgment rendered by the consent of the appellant - consensus tollit errorem."

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