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.
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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