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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