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NeCede's

Maxim 7.5.14

Ignorance, or want of skill, is considered a negligence.

Imperitia culpae annumeratur.

Source: Bouvier's Law Dictionary; Dig. 50, 17, 132; 1 Bouv. Inst. n. 1004; Weisman, 57i Difficulty 1/5 — Foundational

Explanation

One who professes skill in a trade or profession and then performs incompetently is held negligent, because the undertaking itself creates the duty of competence.

Where this applies

  • A doctor who botches a surgery due to lack of skill is considered negligent.
  • An unlicensed plumber who floods your house is held responsible because they claimed expertise they didn't have.

Topics

Fault & Negligence

Legal domains

tort

Cite this maxim

NeCede Max. 7.5.14 — Ignorance, or want of skill, is considered a negligence. — Bouvier's Law Dictionary; Dig. 50, 17, 132; 1 Bouv. Inst. n. 1004; Weisman, 57i (Imperitia culpae annumeratur.)

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