Can a contract be rescinded if the defect was known at the time of the contract?

Primary text

Rescission of the contract is not established if the defect was known at the time of the agreement or if, subsequent to the contract, the injured party demonstrated consent to the defect or evidence thereof, such as consummating the marriage or permitting sexual intercourse. This is because consent results in the forfeiture of the right to annul the contract, similar to a buyer accepting a purchase despite knowing of a defect. The basis for this is the principle that one who consents to relinquish a right loses that right.