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NeCede's

Maxim 7.4.14

It is the rule, that everyone is prejudiced by his ignorance of law, but is not prejudiced by his ignorance of a material fact.

Regula est, juris quidem ignorantiam cuique nocere, facti vero ignorantiam non nocere.

Source: D. 22, 6, 9; Jackson; Weisman, 57b Difficulty 2/5 — Approachable

Explanation

Ignorance of the law is no excuse, but ignorance of a material fact may be — the law presumes every man knows his legal obligations, while excusing honest ignorance of circumstances.

Where this applies

  • A driver is ticketed for going 45 in a 30-mph zone and claims he did not know the speed limit — his ignorance of the traffic law is no defense, because every person is presumed to know the law.
  • A homeowner unknowingly buys a house with a hidden structural defect that the seller concealed — his ignorance of the material fact (the defect) may excuse him and give him a claim against the seller, because ignorance of fact can be a defense.
  • A taxpayer fails to file a return for a new tax enacted last year, claiming he never heard about it — his ignorance of the tax law harms him because the law presumes he knows his obligations, but if the IRS sent his refund to a wrong address he never knew about, that factual ignorance would not count against him.

Legal domains

Cite this maxim

NeCede Max. 7.4.14 — It is the rule, that everyone is prejudiced by his ignorance of law, but is not prejudiced by his ignorance of a material fact. — D. 22, 6, 9; Jackson; Weisman, 57b (Regula est, juris quidem ignorantiam cuique nocere, facti vero ignorantiam non nocere.)

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