Maxim 7.5.16
No guilt attaches to him who is compelled to obey.
Source: Dig. 50, 17, 169, pr.; Bouv. 124; Weisman, 44c
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) A soldier obeying a lawful order, or a servant acting under his master's command, bears no fault for the consequences — compulsion negates personal culpability.
Where this applies
- A soldier ordered by his commanding officer to destroy a bridge during wartime cannot be held personally guilty for the property damage.
- A bank teller forced at gunpoint to hand over money bears no criminal liability for the loss.
- A servant who delivers a package on his master's orders cannot be blamed when the package turns out to contain contraband he knew nothing about.
Cite this maxim
NeCede Max. 7.5.16 — No guilt attaches to him who is compelled to obey. — Dig. 50, 17, 169, pr.; Bouv. 124; Weisman, 44c
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