19 March 1808

Letter V

§.6. Reasons

Ends of Justice

Injustice v. Defend t Causes

III. Non-defence

III. Non-Defence.

Correspondent to Non-Demand on the Plff.'s side, or Non-Defence on the Defendant's side.

The effect of it naturally and commonly is, as with some exception, and under some conditions, it is right it should be, the same as that of decision in conformity to the plaintiff's demand: that is, supposing the decision wrongful, if misdecision to the prejudice of the defendant's side.

Causes of Non-Defence. See Causes of Non-Demand

1. Want of knowledge of the law: viz. in the case where the law, if known and understood, would have been seen not to warrant the demand, or to afford a ground of defence, if the benefit of which he who should have been defendant, is, by the want of that knowledge, deprived.

2. Want of knowledge of the existence of this or that matter of fact, of which sufficient evidence might have been obtained, and which if proved would have been sufficient either to disprove the alleged facts which constitute the ground of the demand, or to establish a ground of defence sufficient to refute it.