Maxim 1.5.209
He who does not prevent what he can prevent, is regarded as doing the thing.
Qui non obstat quod obstare potest facere videtur.
Source: 2 Inst. 146; Jackson
Difficulty 1/5 — Foundational
Explanation
One who has the power and duty to prevent a wrong and fails to act is treated as if he committed the wrong himself — passive acquiescence in preventable harm creates liability.
Where this applies
- A supervisor watches an employee commit fraud and does nothing to stop it.
- A parent allows their child to be harmed when they could have prevented it.
Cite this maxim
NeCede Max. 1.5.209 — He who does not prevent what he can prevent, is regarded as doing the thing. — 2 Inst. 146; Jackson (Qui non obstat quod obstare potest facere videtur.)
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