Maxim 12.13.3
Every one is free to ascertain for himself whether advice is advantageous to his interests.
Unicuique licet explorare an consilium sibi commodum sit.
Source: Upton v. Vail, 6 Johns. (N.Y.) 181, 184; 5 Am. Dec. 210; Weisman, 3e
Difficulty 1/5 — Foundational
Explanation
The recipient of advice is not a passive vessel — the law presumes every man capable of evaluating counsel and choosing whether to follow it.
Where this applies
- I was given advice and I'm free to decide whether or not to follow it.
- Nobody forced me to take the advice — I chose to act on it.
- Everyone is capable of evaluating counsel and deciding whether to follow it.
Legal domains
See also
Cite this maxim
NeCede Max. 12.13.3 — Every one is free to ascertain for himself whether advice is advantageous to his interests. — Upton v. Vail, 6 Johns. (N.Y.) 181, 184; 5 Am. Dec. 210; Weisman, 3e (Unicuique licet explorare an consilium sibi commodum sit.)
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