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NeCede's

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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