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NeCede's

Maxim 11.1.27

A party's own act should prejudice himself, not his adversary.

Source: Dig. 50, 17, 155; Weisman, 2v Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Where one party's conduct creates a legal disadvantage, the burden falls on the actor himself — no man should profit from shifting the consequences of his own deed to another.

Where this applies

  • A seller who conceals a known defect in a house cannot later sue the buyer for rescission when the buyer discovers it — the seller's own fraud prejudices only himself.
  • A party who misses a filing deadline through his own neglect cannot shift the consequence to his opponent by asking the court to penalize the other side.
  • A contractor who walks off a job without finishing cannot sue the homeowner for the remaining payments — his own breach works against him, not the homeowner.

Legal domains

Cite this maxim

NeCede Max. 11.1.27 — A party's own act should prejudice himself, not his adversary. — Dig. 50, 17, 155; Weisman, 2v

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