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NeCede's

Maxim 12.2.9

Remove the cause and the effect will cease.

Source: 2 Bl. Comm. 203; Weisman, 14i Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Eliminating the cause of a legal obligation or wrong terminates its ongoing effects — this maxim supports actions to enjoin continuing harm at its source.

Where this applies

  • A court issues an injunction shutting down a factory that is polluting a river, and the pollution downstream stops — remove the cause and the effect ceases.
  • A landlord repairs a leaking roof that has been causing mold in the apartment, and the mold problem goes away.
  • A school board fires a principal whose discriminatory policies were causing enrollment to drop — once the cause is removed, families begin returning.

Legal domains

Cite this maxim

NeCede Max. 12.2.9 — Remove the cause and the effect will cease. — 2 Bl. Comm. 203; Weisman, 14i

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