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Non Refert An Quis Assensum Suum Praefert Verbis, An Rebus Ipsis Et Factis
Understanding Non Refert An Quis Assensum Suum Praefert Verbis, An Rebus Ipsis Et Factis in Law
Definition & Meaning
The phrase "non refert an quis assensum suum praefert verbis, an rebus ipsis et factis" translates to "it does not matter whether someone expresses their agreement through words or through actions and deeds." In legal terms, this means that a person's consent or agreement can be demonstrated not only through spoken or written statements but also through their behavior and actions. This principle underscores the importance of actions in establishing intent and agreement in various legal contexts.
Table of content
Legal Use & context
This principle is commonly applied in various areas of law, including contract law, tort law, and family law. It emphasizes that a person's actions can signify their acceptance of terms or agreements, even if they do not explicitly state their agreement verbally. For instance, in contract disputes, a party may be bound by their actions that imply acceptance of a contract, even if they did not formally sign it. Users can manage related legal processes by utilizing templates from US Legal Forms, which provide guidance for creating legally binding agreements.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person who attends a meeting and signs a contract without verbally agreeing to its terms may still be held accountable for the contract due to their actions of signing and participating.
Example 2: In a rental agreement, a tenant who pays rent and moves into a property may be considered to have accepted the lease terms, even if they did not explicitly state their agreement (hypothetical example).
State-by-state differences
Examples of state differences (not exhaustive):
State
Legal Interpretation
California
Actions can establish implied contracts in many situations.
New York
Verbal agreements are often upheld, but actions are equally considered.
Texas
Emphasizes written agreements but recognizes actions as indicators of acceptance.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Implied Contract
A contract formed by the actions of the parties involved.
Non refert emphasizes the validity of actions over words, while implied contracts focus on the formation of agreements.
Express Consent
Agreement stated clearly in words.
Non refert includes both express and implied actions, whereas express consent is limited to verbal or written agreement.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where your agreement may be implied through actions, consider documenting your actions and any communications related to the agreement. If necessary, consult a legal professional to understand your rights and obligations. You can also explore US Legal Forms for templates that can help you create clear agreements to avoid misunderstandings in the future.
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