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NeCede's

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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