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NeCede's

Maxim 11.4.6

That is continuing which is enduring, not terminated by a single act or fact.

Source: Black's, 2d. 260; Weisman, 23d Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A continuing obligation or wrong is one that persists over time and is not exhausted by a single occurrence — each day of its continuance may give rise to a fresh cause of action.

Where this applies

  • A factory emits toxic fumes every day, harming nearby residents — each day of pollution is a fresh wrong, not a single event that happened once and ended.
  • A landlord refuses to repair a broken heater all winter long — the violation is continuing because the tenant suffers new harm every cold day, not just on the day the heater first broke.
  • A neighbor's fence encroaches two feet onto your property and stays there for years — the encroachment is a continuing trespass, giving rise to a new cause of action each day.

Legal domains

Cite this maxim

NeCede Max. 11.4.6 — That is continuing which is enduring, not terminated by a single act or fact. — Black's, 2d. 260; Weisman, 23d

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