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NeCede's

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.

Legal domains

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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