California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 4 — Maxims of Jurisprudence, Section 3543
Where one of two innocent persons must suffer by the act of a third, the person, by whose negligence it happened, must be the sufferer.
Notes
Requires the loss to fall on the innocent person whose negligence enabled a third person's act when one of two innocent persons must suffer because of that act. The maxim assigns the consequence based on whose negligence caused the circumstances that made the third person's harmful act possible.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 3543 | https://laws.lexinter.net/codes/california/civil-code/division-4/part-4/section-3543