§ II. On the One Counseling

I say. Whoever has given unjust counsel to another is held to retract it, whether knowingly and willingly he offered it or in good faith; otherwise he will be held to repairing all damages which will follow by force of his counsel. The reason for the first is that, when unjust counsel has been given, its retraction is the only way of repairing injured justice. But the reason for the second is that damages which follow by force of the counsel must be imputed to the one counseling as to the true and efficacious cause.

You Will Resolve. - 1st. The one counseling is not held to restitution if the executor would equally well and in the same way have inflicted the damage without the counsel given, because then the damage is not the effect of the counsel. Cf. St. Alphonsus, n. 561.

2nd. Nor is he held to restitution if he fully revoked the counsel before execution, whether the counsel was bare or clothed, or supported by motives. Nevertheless in this last case it is necessary that in the retraction he apply other motives at least equally efficacious. Cf. St. Alphonsus, n. 559.

3rd. If two at the same time counsel theft to someone who, induced by their counsel, steals, each is held to restitution; for although, even with only one counseling, the theft would have been perpetrated, nevertheless in fact each by his own counsel exerted influence, and by that very fact each was the cause of the theft. - Cf. St. Alphonsus, n. 561. - Lugo, disp. 19, n. 2.

4th. Although the one counseling is held to restitution only secondarily, because the executor is held primarily, since he acts in his own name, nevertheless he is not exempted from the obligation of repairing the damage which he counseled, if the executor, whom he warned to restore, does not restore. The reason is that he efficaciously cooperated in the damage; but efficacious cooperation necessarily requires efficacious reparation.

Question. Whether, or in what manner, one giving harmful doctrinal counsel from gravely culpable ignorance is held to restitution?

Resp. If the one giving counsel does this from his state or office, for example, an advocate, physician, confessor, etc., he is held to restitution for the unjust damage which follows from his counsel, whether toward the one seeking counsel or toward him against whom it is given. The reason is that society has the right that he have knowledge suited to his office. But if the one counseling is not such a person, who by reason of his office or state professes skill, 1st, he is not held toward the one seeking counsel, unless he acts from deceitful counsel, or unless he affects great skill which he lacks; 2nd, nevertheless he is obligated toward a third person, who suffers damage from it, if he himself knew his own lack of skill and foresaw at least confusedly that damage would follow. - Cf. St. Alphonsus, n. 564.