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NeCede's

Maxim 6.5.15

Where damages are given, the losing party ought to be condemned to pay the costs of the victor.

Ubi damna dantur, victus victori in expensis condemnari debet.

Source: 2 Inst. 289; Jackson Difficulty 1/5 — Foundational

Explanation

The prevailing party is entitled to recover his costs — the loser bears the expense of litigation he wrongfully compelled.

Where this applies

  • I won my lawsuit — shouldn't the other side have to pay my legal fees?
  • The defendant lost and now I'm stuck with thousands in attorney costs.

Legal domains

procedural

Cite this maxim

NeCede Max. 6.5.15 — Where damages are given, the losing party ought to be condemned to pay the costs of the victor. — 2 Inst. 289; Jackson (Ubi damna dantur, victus victori in expensis condemnari debet.)

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