Maxim 4.6.10
It is difficult that one man should sustain the place of two.
Source: 4 Coke, 118; Weisman, 61b
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) The law disfavors placing one person in two incompatible roles — cite this to challenge a dual appointment or conflict of interest where one man is asked to serve as both judge and party, or agent for opposing principals.
Where this applies
- A judge is asked to preside over a case in which he is also a named party; the court removes him because one man cannot properly fill two incompatible roles at once.
- A trustee is also the sole beneficiary of the trust, creating an inherent conflict; the court appoints an independent trustee because it is difficult for one person to sustain the place of two.
- An attorney attempts to serve as both advocate for the plaintiff and mediator in the same dispute; the court disqualifies him because the two roles are irreconcilable.
Cite this maxim
NeCede Max. 4.6.10 — It is difficult that one man should sustain the place of two. — 4 Coke, 118; Weisman, 61b
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