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NeCede's

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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