Maxim 6.1.8
He who does not forbid what he can forbid is taken to assent.
Qui non prohibet quod prohibere potest, assentire videtur.
Source: 2 Inst. 308; 1 Bl. Comm. 430
Difficulty 2/5 — Approachable
Explanation
An officer or trustee who stands by while a wrong is committed, having the power to prevent it, is deemed to have consented to it.
Where this applies
- A manager watched an employee steal and did nothing — isn't that the same as approving it?
- A government official knew about corruption in his department and didn't stop it.
Topics
See also
Cite this maxim
NeCede Max. 6.1.8 — He who does not forbid what he can forbid is taken to assent. — 2 Inst. 308; 1 Bl. Comm. 430 (Qui non prohibet quod prohibere potest, assentire videtur.)
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