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NeCede's

Maxim 11.1.15

Certain legal consequences are attached to the voluntary act of a person.

Source: Duncan v. Landis, 106 Fed. 839; Weisman, 2e Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A person who voluntarily performs an act is bound by the legal consequences that flow from it, regardless of whether he foresaw or intended those consequences.

Where this applies

  • A man voluntarily signs a personal guarantee for a friend's business loan, then claims he shouldn't be held liable because he never expected the friend to default.
  • A property owner voluntarily grants an easement across her land, then sues to block her neighbor from using it, arguing she didn't foresee how inconvenient it would be.
  • A driver voluntarily runs a red light and causes a collision; he can't avoid liability by saying he didn't intend to hit anyone.

Legal domains

Cite this maxim

NeCede Max. 11.1.15 — Certain legal consequences are attached to the voluntary act of a person. — Duncan v. Landis, 106 Fed. 839; Weisman, 2e

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