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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