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NeCede's

Maxim 12.2.11

He who fails in a syllable fails in his whole cause.

Source: Bract. fol. 211; Weisman, 14l Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Precision in pleading is essential — a defect in a single material particular may be fatal to the entire cause, reflecting the ancient rigor of the common law forms of action.

Where this applies

  • A plaintiff misspells the defendant's corporate name in the complaint, and under the old common-law forms of action, the entire case is dismissed.
  • A lawyer files a writ naming the wrong county — the single error in the pleading is fatal to the whole cause.
  • A claimant cites the wrong statute number in a government tort claim notice, and the agency rejects the entire claim based on that one defect.

Legal domains

Cite this maxim

NeCede Max. 12.2.11 — He who fails in a syllable fails in his whole cause. — Bract. fol. 211; Weisman, 14l

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