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NeCede's

Maxim 6.2.8

An agreement that there shall be no accountability for fraud has no effect.

Nihil actum efficitur de dolo non praestando.

Source: Dig. 2, 14, 27, 3; Broom, Max. 622, 188n Difficulty 2/5 — Approachable

Explanation

No man can contract away liability for his own fraud — such a stipulation is void as against public policy.

Where this applies

  • The contract says 'the seller is not responsible for any fraud' — is that enforceable?
  • A business contract includes a clause shielding one party from accountability for their own deception.

Legal domains

contractequity

See also

Cite this maxim

NeCede Max. 6.2.8 — An agreement that there shall be no accountability for fraud has no effect. — Dig. 2, 14, 27, 3; Broom, Max. 622, 188n (Nihil actum efficitur de dolo non praestando.)

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