Maxim 7.9.19
It is better to restrain or meet a thing in time, than to seek a remedy after a wrong has been inflicted.
Source: 2 Inst. 299; Weisman, 94j; Weisman, 105o
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Prevention is superior to cure — it is better to restrain a threatened wrong by injunction than to seek damages after the injury has been inflicted.
Where this applies
- A court issues a temporary restraining order to stop a developer from demolishing a historic building before the preservation lawsuit can be heard.
- A judge grants an emergency injunction preventing a company from destroying documents that are evidence in a pending fraud case.
- A city obtains a stop-work order against a builder who is about to pour concrete over a protected wetland, rather than waiting to sue for damages after the wetland is destroyed.
Legal domains
Cite this maxim
NeCede Max. 7.9.19 — It is better to restrain or meet a thing in time, than to seek a remedy after a wrong has been inflicted. — 2 Inst. 299; Weisman, 94j; Weisman, 105o
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