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NeCede's

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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