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.
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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