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.
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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