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NeCede's

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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