Where one of two innocent persons must suffer by the wrong of another, the one who enables such other to commit the wrong must bear the consequences.

Explanation

(English-origin maxim.) When a third party's wrong injures one of two innocent persons, the loss falls on the one whose act or omission enabled the wrongdoer — invoke this to shift liability to the party who created the opportunity for the fraud or trespass.

Where this applies

• A business owner leaves his car unlocked with the keys in the ignition; a thief steals it and crashes into a pedestrian, and the court holds the owner partly liable for enabling the theft.
• A bank cashes a forged check because the account holder carelessly left signed blank checks where anyone could take them; the loss falls on the account holder who created the opportunity for the fraud.
• A homeowner gives a spare key to an unlicensed contractor who then steals valuables; the court assigns liability to the homeowner who enabled access rather than to the innocent neighbor whose property was also damaged.