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NeCede's

Maxim 10.9.15

Of dissimilars the rule is dissimilar.

Source: Co. Litt. 191; Weisman, 97d Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Where things are dissimilar, the governing rule is likewise dissimilar — a rule established for one class of cases does not apply to a materially different class.

Where this applies

  • A court refuses to apply contract law principles to a tort case because the two areas of law are fundamentally dissimilar — different wrongs require different rules.
  • A party argues that the rules governing real property sales should apply to the sale of intellectual property, but the court holds that the two are so dissimilar that different rules govern.
  • An employer tries to apply independent-contractor rules to an employee dispute, but the court says the legal relationship is materially different, so the rule that governs contractors doesn't apply.

Legal domains

Cite this maxim

NeCede Max. 10.9.15 — Of dissimilars the rule is dissimilar. — Co. Litt. 191; Weisman, 97d

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