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NeCede's

Maxim 5.4.28

That which is permitted only at a loss is not permitted to be done.

Source: Co. Litt. 127; Weisman, 52j Difficulty 4/5 — Advanced

Explanation

(English-origin maxim.) An act that can only be performed at a loss is not truly permitted — the law does not grant permission that would destroy the very right it purports to allow.

Where this applies

  • A regulation technically allows a farmer to sell raw milk, but only if he meets requirements so expensive they would bankrupt him — the permission is illusory because it can only be exercised at a ruinous loss.
  • A city permit allows a homeowner to rebuild after a fire, but the conditions attached are so costly that rebuilding would cost more than the property is worth.
  • A license to operate a small business is available, but the fees and compliance costs exceed all possible revenue, making the permission meaningless.

Legal domains

Cite this maxim

NeCede Max. 5.4.28 — That which is permitted only at a loss is not permitted to be done. — Co. Litt. 127; Weisman, 52j

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