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.
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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