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NeCede's

Maxim 12.12.5

A workman for hire promises the skill of his art; he who receives payment for his art must deliver workmanlike performance.

Artifex debet esse peritus artis suae; qui mercedem pro arte sua accipit, peritiam artis praestare debet.

Source: 2 Kent, Comm. 588; Story, Bailm. s. 428; Weisman, 35j Difficulty 1/5 — Foundational

Explanation

Every hired craftsman impliedly warrants competence — payment for professional services carries with it the obligation of professional quality.

Where this applies

  • I hired a professional and they did terrible work — they owe me competent performance.
  • Every hired craftsman impliedly warrants they're competent at their trade.
  • If you accept payment for your skill, you must deliver workmanlike quality.

Legal domains

See also

Cite this maxim

NeCede Max. 12.12.5 — A workman for hire promises the skill of his art; he who receives payment for his art must deliver workmanlike performance. — 2 Kent, Comm. 588; Story, Bailm. s. 428; Weisman, 35j (Artifex debet esse peritus artis suae; qui mercedem pro arte sua accipit, peritiam artis praestare debet.)

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