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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

A premature suit lacked an existing cause when filed. The debt later matures, and the plaintiff says evidence of maturity necessarily cures the defect because it was received during trial. Which is correct under Swagman’s operative ruling?

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Later accrual does not itself cure the original absence of a cause. The quoted lower-court reasoning necessarily controls after reversal. The court must ignore whether any breach existed at commencement. Any later event automatically validates every premature complaint.

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