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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