An issue (or suit) requires terms of contradiction. To constitute an issue, there must be an affirmative on one side and a negative on the other.

Explanation

(English-origin maxim.) A triable issue requires opposing assertions — one side must affirm and the other must deny, for without contradiction there is no dispute for the court to resolve.

Where this applies

• A plaintiff files a breach-of-contract claim alleging the defendant failed to deliver goods, and the defendant denies that any failure occurred — the affirmative claim and the denial create a triable issue.
• A lawsuit is dismissed because both sides agree the contract was valid — without one side saying yes and the other saying no, there is nothing for the court to decide.
• A court finds no issue to try when the plaintiff claims the fence is on the property line and the defendant agrees — contradiction is required to form an issue.