Skip to content
NeCede's

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

Found an error? Suggest a correction →