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NeCede's

Maxim 9.6.7

Advice, unless fraudulent, does not create an obligation.

Consilii, non fraudulenti, nulla est obligatio.

Source: Bouvier's Law Dictionary Difficulty 1/5 — Foundational

Explanation

One who gives honest counsel in good faith incurs no liability for the consequences of that advice — only when advice is given with intent to deceive does it become actionable.

Where this applies

  • Someone gave me honest advice that turned out badly and now they want to hold the advisor responsible.
  • I followed someone's suggestion and it didn't work out — can I sue the person who recommended it.
  • My friend gave me business advice in good faith but it didn't pan out.

Legal domains

Cite this maxim

NeCede Max. 9.6.7 — Advice, unless fraudulent, does not create an obligation. — Bouvier's Law Dictionary (Consilii, non fraudulenti, nulla est obligatio.)

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