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NeCede's

Maxim 5.1.27

A destruction of the thing is the loss of its owner.

Source: Inst. nn. 1456, 1466; Story, Bailm. 426; 2 Kent, Comm, 591; 2 Bouv; Weisman, 91g Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) When a thing is destroyed, the owner bears the loss — the destruction of the subject matter extinguishes the owner's rights in it.

Where this applies

  • A barn full of hay catches fire and burns to the ground, and the farmer bears the entire loss because the hay was his property.
  • A ship sinks in a storm and the cargo owner loses everything because the goods were destroyed — no claim lies against the carrier for an act of God.
  • A homeowner's uninsured painting is destroyed in a flood, and the loss falls on her because she owned it.

Legal domains

Cite this maxim

NeCede Max. 5.1.27 — A destruction of the thing is the loss of its owner. — Inst. nn. 1456, 1466; Story, Bailm. 426; 2 Kent, Comm, 591; 2 Bouv; Weisman, 91g

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