Maxim 6.4.14
He who contracts with another either is, or ought to be, acquainted with the condition of that person.
Qui cum alio contrahit, vel est, vel debet esse, non ignarus conditionis ejus.
Source: D. 50, 17, 19; Jackson; Weisman, 24ff
Difficulty 2/5 — Approachable
Explanation
Every party has the duty to know the legal capacity and standing of the person with whom he deals — ignorance of a counterparty's condition is no defense.
Where this applies
- I entered a contract with someone who turned out to be a minor — am I stuck?
- I did business with a company that wasn't legally authorized to operate — whose fault is that?
Legal domains
Cite this maxim
NeCede Max. 6.4.14 — He who contracts with another either is, or ought to be, acquainted with the condition of that person. — D. 50, 17, 19; Jackson; Weisman, 24ff (Qui cum alio contrahit, vel est, vel debet esse, non ignarus conditionis ejus.)
Found an error? Suggest a correction →