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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