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NeCede's

Maxim 7.9.9

In similar cases, the remedy should be similar.

In consimili casu consimile debet esse remedium.

Source: Hardr. 65; Statute of Westminster II (13 Edw. I, c. 24); Weisman, 94p Difficulty 1/5 — Foundational

Explanation

Like wrongs demand like remedies — the law applies consistent treatment to comparable injuries, ensuring that justice is not arbitrary.

Where this applies

  • Two people suffered the same type of injury from the same company — they should get similar remedies.
  • The court gave one victim a generous remedy but denied a nearly identical claim from another victim.

Topics

Remedy

Legal domains

equityprocedural

See also

Cite this maxim

NeCede Max. 7.9.9 — In similar cases, the remedy should be similar. — Hardr. 65; Statute of Westminster II (13 Edw. I, c. 24); Weisman, 94p (In consimili casu consimile debet esse remedium.)

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