Maxim 3.5.21
Ignorance of the fact excuses; ignorance of the law excuses not. Every man must be taken to be cognizant of the law; otherwise there is no saying to what extent the excuse of ignorance may not be carried.
Source: 1 Coke, 177; Broom, Max. 253; 4 Bouv. Inst. n. 3828; Weisman, 57f
Difficulty 4/5 — Advanced
Explanation
(English-origin maxim.) Ignorance of fact may excuse a party from liability, but ignorance of law never does — every person is conclusively presumed to know the law, and no claim of unfamiliarity will serve as a defense.
Where this applies
- A man unknowingly buys stolen goods at a flea market and is excused from criminal liability because he was genuinely ignorant of the fact that the goods were stolen.
- A taxpayer fails to file a return, claiming he did not know it was required by law; the court rejects the defense because ignorance of the tax code is no excuse.
- A pharmacist sells a controlled substance without a prescription, believing the law had changed; the court convicts him because ignorance of the law — unlike ignorance of fact — provides no defense.
Cite this maxim
NeCede Max. 3.5.21 — Ignorance of the fact excuses; ignorance of the law excuses not. Every man must be taken to be cognizant of the law; otherwise there is no saying to what extent the excuse of ignorance may not be carried. — 1 Coke, 177; Broom, Max. 253; 4 Bouv. Inst. n. 3828; Weisman, 57f
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