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.
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.)
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