Fault & Negligence

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

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.

Gross fault is equivalent to intentional wrong.

Culpa lata aequiparatur dolo.

Source: Dig. 50, 16, 226; Black's, 2d. 304

Negligence so extreme as to suggest reckless indifference to consequences is treated by the law as though it were a deliberate act.

Impossibility is an excuse in law.

Impotentia excusat legem.

Source: Co. Litt. 29b; Broom, Max. 223; Weisman, 44o

Where performance is genuinely impossible, the law excuses — but the impossibility must be objective, not self-created.

Let the punishment be proportioned to the fault.

Culpae poena par esto.

Source: Dig. 48, 19, 11; Broom, Max. 279; Weisman, 92dd

The measure of accountability must match the degree of blameworthiness — the law demands proportionality between fault and consequence.

A frivolous fear is not a lawful excuse.

Vanus timor non est excusatio.

Source: Dig. 50, 17, 184; 2 Inst. 483; Weisman, 44g

The law does not accept speculative or imaginary fears as justification for wrongful action — the apprehended danger must be real and imminent.

It is a fault for a man to meddle in a matter not pertaining to him.

Culpa est immiscere se rei ad se non pertinenti.

Source: D. 50, 17, 36; Jackson; Weisman, 44b

One who interjects himself into affairs that are none of his business bears responsibility for any harm that results — the law does not protect the busybody.

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

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.