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NeCede's

Maxim 5.5.7

He is fraudulent who sells the same thing twice.

Fraudulentus est qui rem bis vendit.

Source: Jenk. Cent. 107; Weisman, 13i Difficulty 1/5 — Foundational

Explanation

Double-dealing in sales is fraud on its face — a man who sells what he has already sold defrauds the second buyer.

Where this applies

  • A dealer sold the same car to two different buyers.
  • A property owner signed two different sales contracts for the same house.

Legal domains

See also

Cite this maxim

NeCede Max. 5.5.7 — He is fraudulent who sells the same thing twice. — Jenk. Cent. 107; Weisman, 13i (Fraudulentus est qui rem bis vendit.)

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