Maxim 7.4.24
An injury is extinguished by the forgiveness or reconcilement of the party injured.
Source: Ersk. Inst. 4, 4, 108; Weisman, 59m
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) When the injured party forgives the wrongdoer or the parties reconcile, the cause of action for the injury is extinguished and cannot be revived.
Where this applies
- Two neighbors who feuded over a fence line shake hands and agree to drop the matter — neither can later sue over the same fence dispute.
- A victim of a minor assault accepts the offender's sincere apology and tells the court she no longer wishes to press charges, extinguishing the civil claim.
- After a car accident, the injured driver and the at-fault driver settle privately and reconcile — the injured driver cannot later file a lawsuit over the same accident.
Legal domains
Cite this maxim
NeCede Max. 7.4.24 — An injury is extinguished by the forgiveness or reconcilement of the party injured. — Ersk. Inst. 4, 4, 108; Weisman, 59m
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