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NeCede's

Maxim 3.5.7

Want of skill is reckoned as fault.

Imperitia culpae adnumeratur.

Source: Dig. 50, 17, 132; 1 Bouv. Inst. n. 1004; 2 Kent, Comm. 588; Weisman, 44q Difficulty 1/5 — Foundational

Explanation

One who holds himself out as possessing a skill — a physician, attorney, or artisan — is liable for the consequences of his incompetence. His ignorance is his negligence.

Where this applies

  • A doctor commits malpractice due to incompetence.
  • A lawyer gives bad legal advice because they did not know the relevant law.

Legal domains

commercialtort

See also

Cite this maxim

NeCede Max. 3.5.7 — Want of skill is reckoned as fault. — Dig. 50, 17, 132; 1 Bouv. Inst. n. 1004; 2 Kent, Comm. 588; Weisman, 44q (Imperitia culpae adnumeratur.)

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