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.
Topics
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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