Maxim 5.5.1
Let the buyer beware; the buyer ought not to be ignorant that he is purchasing the rights of another.
Caveat emptor; qui ignorare non debuit quod jus alienum emit.
Source: Hob. 99; Co. Litt. 102a; Broom, Max. 690; 1 Bouv. Inst. 383; Barnard v. Kellogg, 10 Wall. (77 U.S.) 388; Weisman, 13b
Difficulty 1/5 — Foundational
Explanation
The buyer purchases at his own risk — he is bound to examine the title and quality of what he buys, and ignorance is no defense.
Where this applies
- I bought a used car and later found out it had major engine problems.
- I purchased property without doing a title search and there turned out to be liens on it.
Legal domains
See also
Cite this maxim
NeCede Max. 5.5.1 — Let the buyer beware; the buyer ought not to be ignorant that he is purchasing the rights of another. — Hob. 99; Co. Litt. 102a; Broom, Max. 690; 1 Bouv. Inst. 383; Barnard v. Kellogg, 10 Wall. (77 U.S.) 388; Weisman, 13b (Caveat emptor; qui ignorare non debuit quod jus alienum emit.)
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