Cal. Codes » Civil Code / DIVISION 3. OBLIGATIONS / PART 2. CONTRACTS / TITLE 1. NATURE OF A CONTRACT / CHAPTER 3. Consent
California Codes

Cal. Civil Code § 1565 (2026)

Consent

✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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The consent of the parties to a contract must be:

1.Free;

2.Mutual; and,

3.Communicated by each to the other.

Notes of Decisions
Cited in 91 cases (40 in the last 5 years), 1944–2026 · leading case: Harris v. TAP Worldwide, LLC, 248 Cal. App. 4th 373 (Cal. Ct. App. 2016).
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Harris v. TAP Worldwide, LLC, 248 Cal. App. 4th 373 (Cal. Ct. App. 2016). “(Civ. Code, § 1565, subd. 3.) ‘Mutual assent is determined under an objective standard applied to the outward manifestations or expressions of the parties, i.”
Esparza v. Sand & Sea, Inc., 2 Cal. App. 5th 781 (Cal. Ct. App. 2016). “(Civ. Code, § 1565, subd. 3.) ‘Mutual assent is determined under an objective standard applied to the outward manifestations or expressions of the parties, i.”
Serafin v. Balco Props. Ltd., LLC, 235 Cal. App. 4th 165 (Cal. Ct. App. 2015). “(Civ. Code, § 1565, subd. 3.) “Mutual assent is determined under an objective standard applied to the outward manifestations or expressions of the parties, i.”
Toal v. Tardif, 178 Cal. App. 4th 1208 (Cal. Ct. App. 2009). “(Civ. Code, § 1565.) Thus, a party’s consent is essential to “the contractual underpinning of the arbitration procedure .”
Weddington Prods., Inc. v. Flick, 60 Cal. App. 4th 793 (Cal. Ct. App. 1998). “" (Civ. Code, § 1565; 1 Witkin, Summary of Cal.”
Quantification Settlement Agreement Cases, 201 Cal. App. 4th 758 (Cal. Ct. App. 2011). “(Civ. Code, § 1565.) “Consent is not mutual, unless the parties all agree upon the same thing in the same sense.”
Rodriguez v. Oto, 212 Cal. App. 4th 1020 (Cal. Ct. App. 2013). “(Civ. Code, § 1565, subd. 2.) It is fundamental, however, that “there need not be a subjective meeting of the minds; in the absence of fraud, mistake, etc.”
Chamber of Com. of the US v. Rob Bonta, 62 F.4th 473 (9th Cir. 2023). “Contrary to the arguments made by California and the dissent, a contract may be “consensual,” as that term is used in contract law, even if one party accepts unfavorable terms due to some degree of unequal bargaining power.”
Mitri v. Arnel Mgmt. Co., 157 Cal. App. 4th 1164 (Cal. Ct. App. 2007). “) Civil Code section 1565, subdivision 3 provides, “[t]he consent of the parties to a contract must be .”
Roth v. Malson, 67 Cal. App. 4th 552 (Cal. Ct. App. 1998). · cites it 2× “Procedure (4th ed. 1997) Pleading, § 476, p. 570; 5 Witkin, supra, § 741, p.”
Chamber of Com. of the US v. Rob Bonta, 13 F.4th 766 (9th Cir. 2021). “Contrary to the majority, a contract may be “consensual,” as that term is used in contract law, even if one party accepts unfavorable terms due to unequal bargaining power.”
Khajavi v. Feather River Anesthesia Med. Grp., 84 Cal. App. 4th 32 (Cal. Ct. App. 2000). “As a matter of contract law, a party is entitled to the benefit of only those provisions to which the contracting parties agreed, not the ones to which they might have subsequently agreed.”
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