Maxim 1.5.349
A thing sold in good faith ought not to be rescinded on account of a trifling cause.
Res bona fide vendita, propter minimam causam inempta fieri non debet.
Source: Wharton, III-299; Weisman, 50
Difficulty 3/5 — Intermediate
Explanation
Good faith sales are not to be undone for minor defects — the law favors the stability of completed transactions and will not set aside a sale for an insignificant reason.
Where this applies
- A buyer discovers a minor scratch on a piece of furniture delivered under a good-faith sale and demands a full refund, but the court refuses to rescind the sale over such a trivial defect.
- A homebuyer finds that the house is 50 square feet smaller than listed, but the court will not void the sale for such a minor discrepancy when the transaction was conducted in good faith.
- A purchaser of a used car discovers a small cosmetic dent not mentioned in the listing and seeks to return the vehicle, but the court holds that a trifling imperfection does not justify undoing an honest sale.
Legal domains
See also
Cite this maxim
NeCede Max. 1.5.349 — A thing sold in good faith ought not to be rescinded on account of a trifling cause. — Wharton, III-299; Weisman, 50 (Res bona fide vendita, propter minimam causam inempta fieri non debet.)
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