Skip to content
NeCede's

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

Found an error? Suggest a correction →