Maxim 7.4.10
Something is conceded, which otherwise would not be conceded, lest an injury should remain unpunished.
Aliquid conceditur ne injuria remaneat impunita, quod alias non concederetur.
Source: Co. Litt. 197; Jackson
Difficulty 2/5 — Approachable
Explanation
The law will stretch its ordinary rules to ensure that no wrong goes without remedy — procedural or technical barriers yield when their enforcement would leave an injury entirely unredressed.
Where this applies
- The normal rules don't provide a remedy for this specific wrong — the court should bend the rules.
- A procedural technicality would let a clear wrong go unpunished — the court should find a way around it.
Legal domains
Cite this maxim
NeCede Max. 7.4.10 — Something is conceded, which otherwise would not be conceded, lest an injury should remain unpunished. — Co. Litt. 197; Jackson (Aliquid conceditur ne injuria remaneat impunita, quod alias non concederetur.)
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