Duhaime's Law Dictionary

Qui Non Obstat Quod Obstare Potest, Facere Videtur Definition:

Latin: an individual who does not prevent something which he/she could of prevented, is taken to have done that thing.

He seems to do, who does not oppose what he can oppose.

Rapalje and Lawrence define the term as:

"He who does not prevent what he can prevent, seems to commit the thing."

Similarly, this definition by Burrill:

"He who does not prevent a thing which he can prevent, is considered as doing it."

The Latin maxim is taken from Roman law.


  • Burrill, A., A Law Dictionary and Glossary (New York: Voorhies Publishers, 1851), page 368.
  • Rapalje, S.,and Lawrence, R., A Dictionary of American and English Law with Definitions of the Technical Terms of the Canon and Civil Laws (Jersey City: Frederick C. Linn & Co, 1888), page 1053.

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