That which bars those who have made a contract will bar their successors.

Explanation

(English-origin maxim.) Defenses that bar the original contracting parties also bar their successors and assigns — the successor steps into the shoes of his predecessor and takes subject to the same limitations.

Where this applies

• A company's original contract with a supplier contained a non-compete clause, and when the company is sold, the new owner is bound by the same non-compete because successors step into the predecessor's shoes.
• A business assigns its lease to a new tenant, and the new tenant is barred by the same restrictions that applied to the original tenant.
• An heir inherits a property subject to a covenant that restricted the original owner, and the heir is equally bound because what barred the predecessor bars the successor.