The contract of sale among civilians is an example of a consensual contract, because the moment there is an agreement between the seller and the buyer as to the thing and the price, the vendor and the purchaser have reciprocal actions. On the contrary, on a loan there is no action by the lender or borrower, although there may have been consent, until the thing is delivered or the money counted. This is a real contract in the sense of the civil law. A serious, determined, and free use of these powers.
Consent is either express or implied.
When a legacy is given with a condition annexed to the bequest, requiring the consent of executors to the marriage of the legatee and under such consent being given, a mutual attachment has been suffered to grow up, it would be rather late to state terms and conditions on which a marriage between the parties should take place unless such consent was obtained by deceit or fraud. Such a condition does not apply to a second marriage. If the consent has been substantially given, though not modo et forma, the legatee will be held duly entitled to the legacy. - 4. When trustees under a marriage settlement are empowered to sell 'with the consent of the husband and wife,' a sale made by the trustees without the distinct consent of the wife cannot be a due execution of their power. Where a power of sale requires that the sale should be with the consent of certain specified individuals, the fact of such consent having been given ought to be evinced in the manner pointed out by the creator of the power or such power will not be considered as properly executed.