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NeCede's

Maxim 7.9.20

The law forbids such recoveries whose ends are vain, chargeable, and unprofitable.

Source: Co. Litt. 127b; Weisman, 94t Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) The law does not countenance futile litigation — if the recovery sought would be worthless, burdensome, or unenforceable, the court will not entertain the action.

Where this applies

  • A court dismisses a lawsuit seeking to recover a ten-dollar debt when the legal fees and court costs would exceed a thousand dollars — the recovery is vain and unprofitable.
  • A judge refuses to order specific performance of a contract for goods that no longer exist, because the remedy would be impossible to carry out.
  • A plaintiff sues for return of property that has already been legally destroyed, and the court dismisses the case because the recovery sought is futile.

Legal domains

Cite this maxim

NeCede Max. 7.9.20 — The law forbids such recoveries whose ends are vain, chargeable, and unprofitable. — Co. Litt. 127b; Weisman, 94t

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