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NeCede's

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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