Maxim 1.2.5
Things introduced contrary to the common law are not to be drawn into precedent.
Quae contra jus commune introducta sunt, non trahi in exemplum debent.
Source: Branch, Princ.; Jenk. Cent. 29
Difficulty 2/5 — Approachable
Explanation
Exceptions carved out of the common law remain exceptions — they must not be expanded by analogy or used to justify further erosion of common law rights.
Where this applies
- A new statute creates a right, and someone claims the old common law remedy is abolished.
- The government argues that a new regulatory scheme replaces the common law cause of action.
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 1.2.5 — Things introduced contrary to the common law are not to be drawn into precedent. — Branch, Princ.; Jenk. Cent. 29 (Quae contra jus commune introducta sunt, non trahi in exemplum debent.)
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