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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