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NeCede's

Maxim 12.7.1

A fortuitous event is not to be expected, and no one is bound to foresee it.

Casus fortuitus non est sperandus, et nemo tenetur divinare.

Source: 4 Co. 66; Hardr. 82 arg.; Broom, Max. 260; Weisman, 1b Difficulty 1/5 — Foundational

Explanation

The law does not charge a man with anticipating the unforeseeable — liability attaches only to events within the range of reasonable expectation.

Where this applies

  • Something totally unforeseeable happened and they want to hold me responsible.
  • Nobody could have predicted this event and I shouldn't be liable for it.
  • The law doesn't expect people to foresee the unforeseeable.

Legal domains

contracttort

See also

Cite this maxim

NeCede Max. 12.7.1 — A fortuitous event is not to be expected, and no one is bound to foresee it. — 4 Co. 66; Hardr. 82 arg.; Broom, Max. 260; Weisman, 1b (Casus fortuitus non est sperandus, et nemo tenetur divinare.)

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