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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