Maxim 4.6.19
Relation never defeats collateral acts.
Source: 18 Vin. Abr. 292; Weisman, 93b
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) The doctrine of relation back does not defeat collateral acts performed in good faith during the interval — cite this to protect third-party transactions that occurred before the relation back took effect.
Where this applies
- A deed is recorded late, but the court rules it relates back to the date of execution; however, a third party who purchased the property in good faith during the gap is protected because relation back does not defeat collateral acts.
- A bankruptcy trustee's powers relate back to the date of filing, but the court protects a supplier who delivered goods on credit during the interval because the supplier's transaction was a collateral act done in good faith.
- A patent is reissued with a relation-back date, but a manufacturer who began using the technology during the gap is shielded because the doctrine of relation never defeats collateral acts performed by innocent parties.
Cite this maxim
NeCede Max. 4.6.19 — Relation never defeats collateral acts. — 18 Vin. Abr. 292; Weisman, 93b
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