Skip to content
NeCede's

Maxim 8.6.26

One making contradictory allegations is not to be heard.

Source: Jenk. Cent. 16; Broom, Max. 3d Lond. ed. 160; 4 Inst. 279; Commonwealth v. Pejepscut, 10 Mass. 155, 163; Weisman, 99g

Explanation

(English-origin maxim.) A party who asserts contradictory positions destroys his own credibility — the law refuses to entertain self-contradictory pleading.

Where this applies

  • A party pleads one set of facts in one claim and the opposite in another.
  • A litigant takes inconsistent positions to gain advantage, and the court refuses to hear it.

Cite this maxim

NeCede Max. 8.6.26 — One making contradictory allegations is not to be heard. — Jenk. Cent. 16; Broom, Max. 3d Lond. ed. 160; 4 Inst. 279; Commonwealth v. Pejepscut, 10 Mass. 155, 163; Weisman, 99g

Found an error? Suggest a correction →