Maxim 7.4.29
Bodily injuries cannot be foreseen and guarded against by means of provisos.
Source: Bacon, Max. reg. 22; Weisman, 59y
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Contract clauses and provisos cannot anticipate or guard against every possible bodily harm — personal injuries are by nature unpredictable and require remedies beyond mere contractual terms.
Where this applies
- A waiver signed before a construction job cannot anticipate every possible way a worker might be injured on site.
- A contract clause saying "buyer assumes all risk" does not protect a manufacturer if their defective product causes a broken bone nobody foresaw.
- A gym's liability waiver cannot cover a ceiling collapse that injures members, because that kind of bodily harm is not the sort of risk a contractual proviso can guard against.
Legal domains
Cite this maxim
NeCede Max. 7.4.29 — Bodily injuries cannot be foreseen and guarded against by means of provisos. — Bacon, Max. reg. 22; Weisman, 59y
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