Maxim 1.5.101
A new remedy is to be applied to a new case.
In novo casu, novum remedium apponendum est.
Source: 2 Inst. 8; Jackson; Weisman, 94s
Difficulty 2/5 — Approachable
Explanation
When existing remedies are insufficient to address a novel wrong, the law must fashion new remedies — justice is not defeated by the absence of precedent.
Where this applies
- A new type of harm appears that existing law does not address.
- Technology creates a new kind of wrong and someone asks what remedy is available.
Legal domains
Cite this maxim
NeCede Max. 1.5.101 — A new remedy is to be applied to a new case. — 2 Inst. 8; Jackson; Weisman, 94s (In novo casu, novum remedium apponendum est.)
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