Skip to content
NeCede's

Maxim 11.2.8

An allegation contrary to a deed is not admissible.

Allegatio contra factum non est admittenda.

Source: Jackson; Weisman, 24dd Difficulty 1/5 — Foundational

Explanation

A party may not contradict by oral allegation what he has solemnly committed to a written instrument; the deed speaks and cannot be gainsaid.

Where this applies

  • They're making oral claims that contradict what they committed to in writing.
  • A party can't use verbal allegations to override their own written instrument.
  • You can't gainsay what you solemnly put in a deed by saying something different later.

Legal domains

See also

Cite this maxim

NeCede Max. 11.2.8 — An allegation contrary to a deed is not admissible. — Jackson; Weisman, 24dd (Allegatio contra factum non est admittenda.)

Found an error? Suggest a correction →