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NeCede's

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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