Also known as: infitiatio · infitiatus · denial · infitiation
Written by attorneys · grounded in primary & secondary sources — see below
A Roman-law defense by which a defendant denies the plaintiff's allegation, especially liability on a debt.
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Ismael Ibrahim contracted with Integrity Partners to build a complex facility. When Integrity Partners sued for specific performance, Ismael Ibrahim asserted the infitiari defense by denying any enforceable obligation existed under the agreement. The court examined whether enforcement would impose disproportionate supervisory burdens before proceeding.
Ira Irving moved to a new state and applied for benefits. State officials asserted the infitiari defense by denying his eligibility on grounds of insufficient residency duration. The court reviewed whether the denial improperly burdened interstate travel rights.
Ike Ingram sought rezoning for a single parcel. Neighbors asserted the infitiari defense by claiming the application constituted invalid spot zoning inconsistent with the comprehensive plan. The planning board evaluated whether the change served a legitimate public purpose.
Iris Irons filed a complaint with multiple claims arising from separate transactions. The defendant asserted the infitiari defense by moving to require separate counts for clarity. The court assessed whether numbered paragraphs would aid resolution.
Isaiah Ishikawa used a path across Inertia Dynamics land for years. The owner asserted the infitiari defense by limiting the prescriptive easement to the exact period of adverse use shown. The court measured the right against the historical denial of access.
Imani Idowu sought custody as a consistent caretaker. The parent asserted the infitiari defense by denying both a substantial relationship and resulting harm to the child. The court weighed whether an order would serve the child's best interests.
Infitiari requires denial of the plaintiff's core allegation, most commonly liability on a debt in Roman law procedure.
Supporting sources
The maxim centers on debt liability but extends to any denial of the plaintiff's allegation under Roman law practice.
Supporting sources
Infitiari operated as a formal Roman-law defense that placed the burden back on the plaintiff to prove the claim after the denial.
Supporting sources
…the defendant District Attorney. Held: 1. While 28 U.S.C. § 1253 authorizes no direct appeal to this Court from the grant or denial of declaratory relief alone, review is not foreclosed when the case is properly before the Court on appeal from specific denial of injunctive relief and the arguments as to both injunctive…