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NeCede's

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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