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NeCede's

Maxim 12.9.15

Delay on the part of a debtor ought not to be injurious to a creditor.

Mora debitoris non debet esse creditori damnosa.

Source: Pothier; Jackson Difficulty 1/5 — Foundational

Explanation

The creditor must not suffer loss because the debtor is slow to perform; the debtor bears the cost of his own delay, including interest and consequential damages.

Where this applies

  • The debtor is dragging their feet on paying and it's costing me money.
  • A creditor shouldn't suffer because the debtor is slow to perform.
  • The debtor's delay shouldn't hurt the creditor — the debtor bears the cost of lateness.

Legal domains

contract

See also

Cite this maxim

NeCede Max. 12.9.15 — Delay on the part of a debtor ought not to be injurious to a creditor. — Pothier; Jackson (Mora debitoris non debet esse creditori damnosa.)

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