The phrase "invito beneficium non datur" is a legal principle that translates to "no one is obliged to accept a benefit against his consent." This means that a person cannot be forced to accept a benefit or advantage if they do not want it. If an individual does not explicitly refuse a benefit, their silence may be interpreted as agreement or acceptance of that benefit.
This legal maxim is often applied in various areas of law, including contract law and property law. It emphasizes the importance of consent in legal agreements and transactions. In practice, this principle may arise in disputes over contracts where one party claims a benefit was conferred without their agreement. Users can manage related legal documents, such as contracts or waivers, using templates from US Legal Forms.
Here are a couple of examples of abatement:
Example 1: A homeowner offers to give a neighbor a gift of garden tools. If the neighbor does not respond or express any objection, they may be considered to have accepted the gift by their silence.
Example 2: A company sends a promotional item to a customer without prior agreement. If the customer does not refuse the item, they may be seen as having accepted it, even if they did not explicitly agree to receive it. (hypothetical example)
| Term | Definition | Difference |
|---|---|---|
| Consent | A voluntary agreement to a proposal or action. | Consent is broader and can apply to various contexts beyond benefits. |
| Assent | Agreement or approval, often implied by silence. | Assent specifically refers to agreement, which can be inferred from a lack of dissent. |
| Benefit | An advantage or profit gained from something. | Benefit refers to the actual gain, while the maxim addresses the acceptance of that gain. |
If you find yourself in a situation where a benefit has been offered and you are unsure about your acceptance, consider the following steps:
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| Attribute | Details |
|---|---|
| Legal Principle | No obligation to accept a benefit against consent |
| Key Element | Consent is essential |
| Implication of Silence | May imply acceptance if no dissent is expressed |
Your silence may be interpreted as acceptance, so it's best to clarify your stance.