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NeCede's

Maxim 1.5.90

It is the same thing to say nothing and not to say sufficient.

Idem est nihil dicere et insufficienter dicere.

Source: 2 Inst. 178; Jackson Difficulty 1/5 — Foundational

Explanation

An insufficient pleading or allegation is treated as no pleading at all — the law requires that claims be stated with enough particularity to inform the opposing party. (Duplicate maxim — see also 10.2.34.)

Where this applies

  • A legal complaint does not give enough detail about the claim.
  • A pleading is so vague that the defendant cannot tell what they are being sued for.

Legal domains

See also

Cite this maxim

NeCede Max. 1.5.90 — It is the same thing to say nothing and not to say sufficient. — 2 Inst. 178; Jackson (Idem est nihil dicere et insufficienter dicere.)

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