Maxim 3.4.21
No man is bound to have foreknowledge of a Divine or a future event.
Source: 10 Coke, 55a; Weisman, 69u
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) No person can be held liable for failing to foresee an act of God or an unforeseeable future event — invoke this to defeat a negligence claim premised on the expectation of superhuman foresight.
Where this applies
- A farmer is sued for negligence after a once-in-a-century flood destroys a neighbor's crops that were stored on the farmer's property; the court holds no one can be expected to foresee an act of God.
- A building collapses during a freak earthquake in a region with no seismic history; the architect is not liable because no one is bound to predict a divine or unforeseeable natural event.
- An insurer tries to deny a claim by arguing the policyholder should have anticipated a meteorite strike; the court rejects this because the law does not require foreknowledge of future catastrophes.
Legal domains
Cite this maxim
NeCede Max. 3.4.21 — No man is bound to have foreknowledge of a Divine or a future event. — 10 Coke, 55a; Weisman, 69u
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