Maxim 12.12.13
For concerning anything which occurs without deceit or wrong on the part of the vendor, the vendor is secure.
Source: Brown v. Bellows, 4 Pick. (Mass.) 198; 4 Pick; Weisman, 35p
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) A seller who acts without deceit or wrongdoing is not liable for defects unknown to him — the risk of latent defects falls on the buyer absent fraud or express warranty.
Where this applies
- A buyer purchases a used car that later develops engine trouble from a pre-existing defect the seller genuinely didn't know about — without fraud or an express warranty, the seller is not liable.
- A farmer sells a cow that appears healthy but turns out to be carrying a disease neither party could have detected — absent deceit, the risk of the hidden condition falls on the buyer.
- A homeowner sells a house with an undiscovered termite problem that neither she nor her inspector caught — since she acted without fraud, she is not liable for the latent defect.
Legal domains
Cite this maxim
NeCede Max. 12.12.13 — For concerning anything which occurs without deceit or wrong on the part of the vendor, the vendor is secure. — Brown v. Bellows, 4 Pick. (Mass.) 198; 4 Pick; Weisman, 35p
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