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NeCede's

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.

Legal domains

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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