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NeCede's

Maxim 1.5.102

All things are presumed against a despoiler.

In odium spoliatoris omnia praesumuntur.

Source: 1 Vern. 19; Jackson; Weisman, 39t; Weisman, 39v; Weisman, 105j Difficulty 2/5 — Approachable

Explanation

One who destroys or conceals evidence is presumed to have done so because the evidence was against him — every inference is drawn against the spoliator.

Where this applies

  • A party destroys documents and then claims the evidence would have supported their case.
  • A company shreds records before a lawsuit and the court draws inferences against them.

Legal domains

proceduralsovereignty

Cite this maxim

NeCede Max. 1.5.102 — All things are presumed against a despoiler. — 1 Vern. 19; Jackson; Weisman, 39t; Weisman, 39v; Weisman, 105j (In odium spoliatoris omnia praesumuntur.)

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