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NeCede's

Maxim 1.5.364

Extremities, or mere subtleties of law, are not rules of law.

Source: Co. Litt. 304b; 10 Coke, 126; Wing. Max. 19, max. 14; Broom, Max. 188; Weisman, 71hh Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Hyper-technical readings and extreme extensions of legal rules are not themselves law — the law does not reward those who push principles beyond their reasonable scope.

Where this applies

  • An attorney argues that a contract is void because one party signed with blue ink instead of black, and the court rejects the argument because such hyper-technical readings are not rules of law.
  • A defendant claims a lawsuit should be dismissed because the plaintiff's attorney misspelled the defendant's middle name in the complaint, and the court refuses because mere subtleties are not grounds for dismissal.
  • A tax authority denies a deduction because the taxpayer used a slightly different form number than the one specified in the regulations, and the court overrules the denial because extremities of technicality do not constitute law.

Legal domains

Cite this maxim

NeCede Max. 1.5.364 — Extremities, or mere subtleties of law, are not rules of law. — Co. Litt. 304b; 10 Coke, 126; Wing. Max. 19, max. 14; Broom, Max. 188; Weisman, 71hh

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