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NeCede's

Maxim 12.13.1

No man is bound for the advice he gives.

Nemo tenetur ex consilio suo respondere.

Source: Story, Bailm. s. 155; Dig. 50, 17, 47; Weisman, 3b Difficulty 1/5 — Foundational

Explanation

Advice freely given does not create liability in the advisor — the person who receives counsel bears the risk of acting on it.

Where this applies

  • I gave someone advice and now they want to sue me because it didn't work out.
  • Am I liable for giving honest guidance that turned out to be wrong.
  • Freely given advice doesn't create legal liability for the advisor.

Legal domains

tort

See also

Cite this maxim

NeCede Max. 12.13.1 — No man is bound for the advice he gives. — Story, Bailm. s. 155; Dig. 50, 17, 47; Weisman, 3b (Nemo tenetur ex consilio suo respondere.)

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