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NeCede's

Maxim 8.5.33

He who has once relinquished or renounced his action cannot bring it again.

Source: 8 Coke, 59a; Weisman, 75j Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Once a party voluntarily abandons or relinquishes a cause of action, it cannot be revived — the right to sue, once surrendered, is extinguished forever.

Where this applies

  • A plaintiff who voluntarily dismissed her personal-injury lawsuit with prejudice cannot refile the same claim a year later.
  • A creditor who accepted a settlement and signed a release giving up all claims cannot later sue the debtor for the same debt.
  • A tenant who agreed to terminate his lease and surrendered the apartment cannot later bring a lawsuit claiming wrongful eviction based on that same lease.

Legal domains

Cite this maxim

NeCede Max. 8.5.33 — He who has once relinquished or renounced his action cannot bring it again. — 8 Coke, 59a; Weisman, 75j

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