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NeCede's

Maxim 8.5.31

No one is prohibited from making use of several defenses.

Source: Co. Litt. 304a; Wing. Max. 479; Weisman, 75g Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A party may plead as many defenses as are available to him — the law does not force a defendant to choose a single ground when multiple valid defenses exist.

Where this applies

  • A defendant in a breach-of-contract suit argues both that the contract was never formed and that, even if it was, the plaintiff breached it first — the law allows both defenses.
  • A person accused of trespassing pleads that he had permission to enter and, alternatively, that the property was public land — multiple defenses are permitted.
  • A company facing a negligence lawsuit argues both that it was not negligent and that the plaintiff assumed the risk — the defendant may raise as many valid defenses as apply.

Legal domains

Cite this maxim

NeCede Max. 8.5.31 — No one is prohibited from making use of several defenses. — Co. Litt. 304a; Wing. Max. 479; Weisman, 75g

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