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NeCede's

Maxim 7.5.19

Where the fault is mutual, the law will leave the case as it finds it.

Source: Story, Ag. s. 195; Weisman, 44j Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) When both parties are equally at fault, the law will not intervene for either — the court leaves the loss where it finds it, granting no relief to either side.

Where this applies

  • Two drivers run a red light and collide in the intersection — since both were breaking the law, the court refuses to award damages to either one.
  • A buyer and seller who both lied to each other during negotiations cannot expect the court to sort out who was cheated worse.
  • Two business partners who both secretly skimmed money from the company accounts sue each other for fraud, and the court dismisses both claims.

Legal domains

Cite this maxim

NeCede Max. 7.5.19 — Where the fault is mutual, the law will leave the case as it finds it. — Story, Ag. s. 195; Weisman, 44j

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