[POMPONIUS libro uicensimo secundo ad Sabinum. ] §12.1.5.prQuod te mihi dare oporteat si id postea perierit, quam per te factum erit quominus id mihi dares, tuum fore id detrimentum constat.
[POMPONIUS, On Sabinus, book 22] It is well established that if that which you ought to give to me should later perish, after it has been brought about by you that you could not give it to me, the loss will be yours.
sed cum quaeratur, an per te factum sit, animaduerti debebit, non solum in potestate tua fuerit id nec ne aut dolo malo feceris quominus esset uel fuerit nec ne, sed etiam si aliqua iusta causa sit, propter quam intellegere deberes te dare oportere.
But when the question is asked whether it has been brought about by you, it must be considered not only whether it was in your power or not, or whether or not you acted with malice to prevent it from existing or having existed, but also whether there is some just cause by reason of which you ought to have understood that you were bound to give it.