Skip to content
NeCede's

Maxim 3.8.6

An infant does not differ much from a lunatic.

Infans non multum a furioso distat.

Source: Bract. l. 3, c. 2, s. 8; Dig. 50, 17, 5, 40; 1 Story, Eq. Jur. ss. 223, 224, 242; Weisman, 76e Difficulty 2/5 — Approachable

Explanation

Both infants and the insane lack the legal capacity to bind themselves. The law protects both on the same principle — neither can consent with understanding.

Where this applies

  • A very young child is held to the same legal standard as an adult.
  • The law treats infants and the insane similarly for purposes of legal capacity.

Legal domains

contractfamily

See also

Cite this maxim

NeCede Max. 3.8.6 — An infant does not differ much from a lunatic. — Bract. l. 3, c. 2, s. 8; Dig. 50, 17, 5, 40; 1 Story, Eq. Jur. ss. 223, 224, 242; Weisman, 76e (Infans non multum a furioso distat.)

Found an error? Suggest a correction →