Maxim 12.7.5
An unusual event is not presumed.
Casus insolitus non praesumitur.
Source: 4 Co. 66; cf. Dig. 22, 3, 1
Difficulty 2/5 — Approachable
Explanation
Legal presumptions are built on ordinary experience — extraordinary events are not anticipated, and liability for them must be proved, not assumed.
Where this applies
- An extraordinary event shouldn't be presumed — the unusual is not the expected.
- Legal presumptions are based on what normally happens, not rare events.
- Liability for extraordinary events must be proved, not assumed.
See also
Cite this maxim
NeCede Max. 12.7.5 — An unusual event is not presumed. — 4 Co. 66; cf. Dig. 22, 3, 1 (Casus insolitus non praesumitur.)
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