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NeCede's

Maxim 3.8.12

A infant is not supposed to be able to suffer, i.e., to do an act to his own prejudice.

Source: Dig. 50, 17, 110, 2; Weisman, 80e Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) An infant is presumed incapable of performing any act to his own prejudice — invoke this to void a minor's improvident conveyance, waiver, or admission as beyond his legal capacity.

Where this applies

  • A fifteen-year-old signs away his inheritance rights in a settlement agreement, but the court voids the waiver because a minor is presumed incapable of acting to his own prejudice.
  • A child actor's parents have her sign a contract giving up future royalties; the court holds the agreement unenforceable because an infant cannot be assumed to do an act that harms her own interests.
  • A minor confesses to a crime without a parent or attorney present; the defense argues the confession should be suppressed because the law presumes a child cannot make statements that prejudice himself.

Legal domains

Cite this maxim

NeCede Max. 3.8.12 — A infant is not supposed to be able to suffer, i.e., to do an act to his own prejudice. — Dig. 50, 17, 110, 2; Weisman, 80e

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