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NeCede's

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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