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NeCede's

Maxim 8.7.19

It sometimes happens that a plea which seems prima facie just, nevertheless is injurious and unequal.

Source: Inst. 4, 14, 1, 2; Weisman, 87m Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A plea may appear valid on its face yet prove unjust in application — courts must examine the substance and effect of a plea, not merely its formal sufficiency.

Where this applies

  • A statute of limitations defense looks valid on its face, but applying it would allow a fraudster to keep stolen property simply because the victim discovered the theft too late.
  • A landlord's plea of lease termination appears proper, but on closer examination it would unjustly evict a disabled tenant who was promised accommodations.
  • A bank's foreclosure defense seems legally sound, but the court finds it would produce an unconscionable result by stripping equity from a homeowner who made every payment.

Legal domains

Cite this maxim

NeCede Max. 8.7.19 — It sometimes happens that a plea which seems prima facie just, nevertheless is injurious and unequal. — Inst. 4, 14, 1, 2; Weisman, 87m

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