Maxim 5.1.19
The loss falls on the owner.
Res perit suo domino.
Source: Bell Dict. 857; Jackson; Weisman, 91ff
Difficulty 2/5 — Approachable
Explanation
The risk of accidental loss or destruction of property lies with the owner — unless another has assumed that risk by contract or wrongful act.
Where this applies
- A homeowner's shed is destroyed by a tornado, and no one else caused the damage — the loss falls on the owner because the risk of accidental destruction rests with the person who owns the property.
- A collector's rare coin is lost when his safe is damaged in a flood, and he has no insurance — since no other party was responsible for the loss, the owner alone bears the cost.
- A farmer's unharvested crop is ruined by an unexpected early frost — unless someone else assumed the risk by contract, the loss of the crop falls on the farmer as owner.
Legal domains
Cite this maxim
NeCede Max. 5.1.19 — The loss falls on the owner. — Bell Dict. 857; Jackson; Weisman, 91ff (Res perit suo domino.)
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