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NeCede's

Maxim 4.6.11

He who first offends causes the strife.

Source: Bouv. 152; Weisman, 61c Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) The first aggressor bears the blame for the conflict that follows — cite this to establish that the party who initiated the wrong cannot complain of the consequences that flowed from his own provocation.

Where this applies

  • A man starts a bar fight by throwing the first punch, then sues the other man for his injuries; the court holds that the first aggressor caused the strife and cannot now complain of its consequences.
  • A company breaches a contract and then sues the other party for failing to perform; the court dismisses the claim because the party who first offended is the cause of the dispute.
  • A neighbor deliberately floods another's yard by diverting his downspout, then complains when the other neighbor retaliates; the court holds the first offender responsible for starting the conflict.

Legal domains

Cite this maxim

NeCede Max. 4.6.11 — He who first offends causes the strife. — Bouv. 152; Weisman, 61c

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