Maxim 7.2.10
A man cannot validly contract that he shall be irresponsible for his own fraud.
Nulla pactione effici potest ut dolus praestetur.
Source: D. 2, 14, 27; Jackson
Difficulty 2/5 — Approachable
Explanation
No contract clause can exempt a party from liability for his own fraud — an agreement to be held harmless for future deceit is void as against public policy.
Where this applies
- The contract says 'seller is not liable for any misrepresentations' — can they really shield themselves from fraud?
- A business includes a clause saying they can't be held responsible for deceiving customers.
Cite this maxim
NeCede Max. 7.2.10 — A man cannot validly contract that he shall be irresponsible for his own fraud. — D. 2, 14, 27; Jackson (Nulla pactione effici potest ut dolus praestetur.)
Found an error? Suggest a correction →