Maxim 7.4.27
From things to which one is accustomed, or in which there has been long acquiescence, no injury or wrong arises.
Source: Jenk. Cent. Intro. viii; Weisman, 59v
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Long-standing custom or acquiescence bars a claim of injury — a party who endured a condition without complaint for an extended time cannot suddenly treat it as a wrong.
Where this applies
- A homeowner who tolerated his neighbor's fence encroaching two inches onto his property for twenty years cannot suddenly sue over it.
- A tenant who never complained about street noise during a five-year lease cannot claim the noise was an injury when it is time to renew.
- A business owner who accepted late deliveries from a supplier for years without objection cannot suddenly claim breach of contract for the same late deliveries.
Legal domains
Cite this maxim
NeCede Max. 7.4.27 — From things to which one is accustomed, or in which there has been long acquiescence, no injury or wrong arises. — Jenk. Cent. Intro. viii; Weisman, 59v
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