Casum sentit dominus

Casum sentit dominus or res perit domino[1][2] is a Latin legal phrase that loosely translates to "accident is felt by the owner".[3] It means that it is the owner who has to assume the risk of accidental harm to him or accidental loss to his property. Taken more generally it connotes the foundational private law principle that it is the owner who has to bear the damage to his person or property and that only he can seek redress from a third party, and then only when there are specific grounds in law for his compensation.[4]

The brocard has been described as the basic principle of tort law and is attributed to the Roman jurist Ulpian.[5][6]

  1. ^ Zimmermann 1996, p. 154.
  2. ^ Jansen 2016, p. 234, Footnote 2.
  3. ^ Wacke 1987, p. 318.
  4. ^ Jansen 2016, p. 234.
  5. ^ Byrd 1993, p. 63.
  6. ^ Zimmermann 1996, p. 154, Footnote 12.

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