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NeCede's

Maxim 8.5.41

When the foundation fails, all goes to the ground; as, where the cause of action fails, the action itself must of necessity fail.

Source: Wing. Max., 113, 114, max. 40; Broom, Max. 180; Noy, Max. 5, max. 12; Weisman, 75w Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) When the foundation of a cause of action is destroyed, the entire action collapses — if the underlying right or fact is eliminated, no superstructure of claims can stand upon it.

Where this applies

  • A fraud lawsuit collapses when the plaintiff admits the underlying contract was never signed — without the contract, the cause of action has no foundation.
  • A wrongful-termination claim fails when it is discovered that the plaintiff was never actually employed by the defendant — the entire case falls because the foundational fact is missing.
  • A negligence suit is dismissed after the plaintiff's own expert admits the defendant's product did not cause the injury — when the causal foundation fails, the whole claim goes with it.

Legal domains

Cite this maxim

NeCede Max. 8.5.41 — When the foundation fails, all goes to the ground; as, where the cause of action fails, the action itself must of necessity fail. — Wing. Max., 113, 114, max. 40; Broom, Max. 180; Noy, Max. 5, max. 12; Weisman, 75w

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