Maxim 4.6.26
You ought to know with whom you deal.
Source: C.L.M.; Weisman, 61i
Explanation
(English-origin maxim.) Every party to a transaction bears the duty of ascertaining the identity, capacity, and authority of the person with whom he deals — ignorance of a counterparty's lack of authority or title is no defense when reasonable inquiry would have revealed it.
Where this applies
- A person enters a contract without verifying the other party's authority and later suffers loss.
- Someone relies on an imposter's representations without checking who they really are.
Cite this maxim
NeCede Max. 4.6.26 — You ought to know with whom you deal. — C.L.M.; Weisman, 61i
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