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NeCede's

Maxim 3.4.4

To know and to be bound to know are regarded in law as equivalent.

Scire et scire debere aequiparantur in jure.

Source: Tray. Leg. Max. 551; Bouvier, Law Dict. 129; Weisman, 69l Difficulty 1/5 — Foundational

Explanation

Constructive knowledge is as potent as actual knowledge. One who should have known the law or the facts is treated as if he did know them.

Where this applies

  • A party claims they did not know about a law they were supposed to know.
  • Someone should have known about a fact through ordinary diligence but claims ignorance.

Legal domains

See also

Cite this maxim

NeCede Max. 3.4.4 — To know and to be bound to know are regarded in law as equivalent. — Tray. Leg. Max. 551; Bouvier, Law Dict. 129; Weisman, 69l (Scire et scire debere aequiparantur in jure.)

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