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NeCede's

Maxim 11.2.16

The deed of one should not hurt another.

Source: Co. Litt. 152; Weisman, 30g Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) No person should be prejudiced by the deed of a stranger — the acts of one party cannot impose obligations or forfeitures upon another who is not privy to the instrument.

Where this applies

  • A landlord signs a lease with a new tenant that includes a noise restriction, but the landlord tries to enforce that restriction against a neighboring tenant who never agreed to it.
  • A husband takes out a personal loan and the bank tries to put a lien on the wife's separately-owned property — his deed cannot burden her title.
  • One business partner signs a non-compete agreement and the other partner's competitor tries to enforce it against both partners — the deed of one doesn't bind the other.

Legal domains

Cite this maxim

NeCede Max. 11.2.16 — The deed of one should not hurt another. — Co. Litt. 152; Weisman, 30g

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