Maxim 1.7.17
A beneficial law affords a remedy in a similar case.
Lex beneficialis rei consimili remedium praestat.
Source: 2 Inst. 689
Difficulty 2/5 — Approachable
Explanation
When a law provides a remedy for one class of injury, equity extends that remedy to similar injuries — the law does not leave a man without recourse merely because his case is not identical to the one expressly provided for.
Where this applies
- A law provides a remedy for one type of injury and a similar injury has no remedy.
- A new situation is similar to one already addressed by law, and the court extends the existing remedy.
Legal domains
See also
Cite this maxim
NeCede Max. 1.7.17 — A beneficial law affords a remedy in a similar case. — 2 Inst. 689 (Lex beneficialis rei consimili remedium praestat.)
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