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NeCede's

Maxim 7.5.20

Misconduct binds [should bind] its own authors. It is a never-failing axiom that everyone is accountable only for his own offense or wrong.

Source: Ersk. Inst. 4, 1, 14; Weisman, 44l Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Each man answers only for his own misconduct — liability cannot be shifted to one who had no part in the wrong.

Where this applies

  • A company that pollutes a river cannot shift the cleanup costs to the downstream town that had nothing to do with the contamination.
  • A parent who damages a rental property is personally liable for repairs — the landlord cannot charge the tenant next door who had no part in it.
  • A drunk driver who crashes into a storefront is responsible for the damage — the store owner cannot be forced to share blame for simply having a building on the street.

Legal domains

Cite this maxim

NeCede Max. 7.5.20 — Misconduct binds [should bind] its own authors. It is a never-failing axiom that everyone is accountable only for his own offense or wrong. — Ersk. Inst. 4, 1, 14; Weisman, 44l

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