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NeCede's

Maxim 7.9.5

Not a new but a customary remedy is to be used.

Non novo sed consueto remedio utendum.

Source: 2 Inst. 3 Difficulty 2/5 — Approachable

Explanation

The law favors established and proven remedies over novel inventions — parties should resort to the known forms of action rather than seeking untested procedures.

Where this applies

  • The court wants to try a brand new procedure instead of the time-tested one.
  • A lawyer is proposing an untested theory when established remedies are available.

Topics

Remedy

Legal domains

procedural

See also

Cite this maxim

NeCede Max. 7.9.5 — Not a new but a customary remedy is to be used. — 2 Inst. 3 (Non novo sed consueto remedio utendum.)

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