Essential characteristics of consent

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28-2-301. Essential characteristics of consent. The consent of the parties to a contract must be:

(1) free;

(2) mutual; and

(3) communicated by each to the other.

History: En. Sec. 2110, Civ. C. 1895; re-en. Sec. 4971, Rev. C. 1907; re-en. Sec. 7473, R.C.M. 1921; Cal. Civ. C. Sec. 1565; Field Civ. C. Sec. 750; re-en. Sec. 7473, R.C.M. 1935; R.C.M. 1947, 13-301.


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