As to things not apparent, and those not existing, the rule is the same.

Explanation

(English-origin maxim.) What cannot be seen and what does not exist are treated identically by the law — if a fact or condition is not manifest, the law proceeds as though it were absent.

Where this applies

• A hidden defect that no inspection could reveal is treated, for liability, as if it did not exist.
• A claim that cannot be proven by any available evidence is treated the same as a claim with no basis.