Maxim 12.7.3
No one is held to answer for the effects of a superior force or of a fortuitous event, unless his own fault has contributed.
Nemo tenetur ad impossibile; nec casus fortuitos praestat.
Source: Fleta, lib. 2, c. 72, s. 16; 4 Co. 66; Weisman, 1c
Difficulty 1/5 — Foundational
Explanation
Acts of God, storms, insurrection, and irresistible forces excuse performance — but only where the party's own conduct did not invite or amplify the disaster.
Where this applies
- An act of God or natural disaster prevented me from fulfilling my contract.
- I couldn't perform because of a force completely beyond my control.
- A superior force excuses non-performance unless my own fault contributed.
See also
Cite this maxim
NeCede Max. 12.7.3 — No one is held to answer for the effects of a superior force or of a fortuitous event, unless his own fault has contributed. — Fleta, lib. 2, c. 72, s. 16; 4 Co. 66; Weisman, 1c (Nemo tenetur ad impossibile; nec casus fortuitos praestat.)
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