Maxim 7.5.1
He is free from fault who knows but cannot prevent.
Culpa caret qui scit sed prohibere non potest.
Source: Dig. 50, 17, 50; Weisman, 44a
Difficulty 1/5 — Foundational
Explanation
The law does not hold a man culpable for failing to prevent what was genuinely beyond his power — but the inability must be real, not merely inconvenient.
Where this applies
- I saw the crime happening but was physically unable to stop it — am I responsible?
- A bystander knew about the danger but couldn't do anything to prevent it.
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 7.5.1 — He is free from fault who knows but cannot prevent. — Dig. 50, 17, 50; Weisman, 44a (Culpa caret qui scit sed prohibere non potest.)
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