Maxim 8.6.13
The success of a defendant depends on a perfect case; his loss arises from some defect.
Source: 11 Coke, 68a; Weisman, 99b
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) A defendant prevails only when his case is without defect — a single flaw in the defense is enough to undo it, while success requires perfection at every point.
Where this applies
- A defendant wins a breach-of-contract case because his performance was flawless — every term was met — while the plaintiff's claim had a fatal procedural flaw.
- A homeowner defeats a code-enforcement action by showing perfect compliance with every regulation, while the city's case falls apart because of one overlooked exception.
- A company's defense in a patent case succeeds because every claim is addressed, but a single missed deadline by the opposing side dooms their entire case.
Legal domains
Cite this maxim
NeCede Max. 8.6.13 — The success of a defendant depends on a perfect case; his loss arises from some defect. — 11 Coke, 68a; Weisman, 99b
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