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NeCede's

Maxim 1.5.39

He who alleges contrary things is not to be heard.

Allegans contraria non est audiendus.

Source: Jenk. Cent. 16; Jackson Difficulty 2/5 — Approachable

Explanation

A party who makes contradictory claims destroys his own credibility — the court will not entertain assertions that are irreconcilable with each other.

Where this applies

  • A party claims one thing in their complaint and the opposite in their testimony.
  • Someone argues both that they signed a contract and that no contract exists.

Legal domains

Cite this maxim

NeCede Max. 1.5.39 — He who alleges contrary things is not to be heard. — Jenk. Cent. 16; Jackson (Allegans contraria non est audiendus.)

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