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NeCede's

Maxim 1.5.56

Those things which seldom happen are not rashly to be taken into account in transacting business.

Ea quae raro accidunt, non temere in agendis negotiis computantur.

Source: D. 50, 17, 64; Jackson; Weisman, 35l Difficulty 2/5 — Approachable

Explanation

The law does not require parties to guard against every remote contingency — reasonable foresight, not perfect foresight, is the standard.

Where this applies

  • A contract is challenged because it did not account for an extremely unlikely event.
  • Someone argues that a deal is invalid because a rare event was not anticipated.

Legal domains

Cite this maxim

NeCede Max. 1.5.56 — Those things which seldom happen are not rashly to be taken into account in transacting business. — D. 50, 17, 64; Jackson; Weisman, 35l (Ea quae raro accidunt, non temere in agendis negotiis computantur.)

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