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NeCede's

Maxim 7.9.24

We are never to resort to what is extraordinary as a remedy, until what is ordinary fails.

Source: 4 Inst. 84; Weisman, 94m

Explanation

(English-origin maxim.) Extraordinary remedies are reserved for extraordinary circumstances — exhaust the ordinary legal channels before seeking exceptional relief.

Where this applies

  • A party seeks an injunction without first trying the ordinary remedy of money damages.
  • Someone demands extraordinary relief before exhausting the normal legal process.

Cite this maxim

NeCede Max. 7.9.24 — We are never to resort to what is extraordinary as a remedy, until what is ordinary fails. — 4 Inst. 84; Weisman, 94m

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