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NeCede's

Maxim 8.5.38

Every man is liable to be sued wrongfully or without cause.

Source: Dow v. Johnson, 10 Otto (100 U.S.) 158, 193; Weisman, 75s Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) The possibility of being sued without cause is a burden every man bears — the law provides remedies for frivolous suits but cannot prevent them from being filed.

Where this applies

  • A doctor sued for malpractice by a patient she treated competently must still hire a lawyer and defend herself, even though the claim has no merit.
  • A small-business owner receives a frivolous lawsuit from a competitor and must spend time and money responding, because the law cannot prevent baseless suits from being filed.
  • A homeowner is named in a nuisance lawsuit by a neighbor who simply does not like her landscaping — the homeowner must answer the complaint even though it is groundless.

Legal domains

Cite this maxim

NeCede Max. 8.5.38 — Every man is liable to be sued wrongfully or without cause. — Dow v. Johnson, 10 Otto (100 U.S.) 158, 193; Weisman, 75s

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