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NeCede's

Maxim 3.4.5

Equal knowledge on both sides makes the contracting parties equal.

Scientia utrinque par pares contrahentes facit.

Source: 3 Burr. 1910; Broom, Max. 774; Jackson, Lat. for Law. no. 959; Weisman, 24o Difficulty 1/5 — Foundational

Explanation

A contract formed where one party withholds material knowledge from the other is not a contract between equals — and may be voidable for that disparity.

Where this applies

  • A contract is formed where one party has much more information than the other.
  • A used car is sold with known defects that the buyer is unaware of.

Topics

Knowledge & Understanding

Legal domains

contractequity

See also

Cite this maxim

NeCede Max. 3.4.5 — Equal knowledge on both sides makes the contracting parties equal. — 3 Burr. 1910; Broom, Max. 774; Jackson, Lat. for Law. no. 959; Weisman, 24o (Scientia utrinque par pares contrahentes facit.)

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