Maxim 6.2.14
One of two opposite positions being affirmed, the other is denied.
Source: 3 Rolle, 422; Weisman, 5k; Weisman, 64s
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) The affirmation of one of two contradictory propositions necessarily denies the other — a party cannot assert both sides of a contradiction.
Where this applies
- A defendant in a contract dispute claims the agreement was both valid and void at the same time — the court says affirming one position necessarily denies the other.
- A party argues that a deed was both properly executed and improperly executed simultaneously, and the court says these contradictory positions cannot coexist.
- A witness testifies that a signature is both authentic and forged, and the court rejects the testimony because affirming one necessarily denies the other.
Legal domains
Cite this maxim
NeCede Max. 6.2.14 — One of two opposite positions being affirmed, the other is denied. — 3 Rolle, 422; Weisman, 5k; Weisman, 64s
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