Que Tali Causa
Defined in 1 dictionary — Burrill (1850)
A New Law Dictionary and Glossary
Alexander M. Burrill · 1850
Lat. [L. Fr. de son tort demesne sans tiel cause.] Of his own wrong, without such cause. Formal words of traverse, used in replications in actions of trespass, and more compendiously called the traverse de injuria. Where the defendant, in an action of trespass for assault and battery, pleads son assault demesne (that the plaintiff first made an assault upon nim, and that he acted in self-defence,) the plaintiff may reply that he committed the trespass of his own wrong, and without such cause or excuse as he alleges. This kind of traverse always tenders issue, but differs from the common form of a traverse by denying in general and summary terms, and not in the words of the allegation traversed. Steph. Fl. 163. Crogate's case, 8 Co. 66. 1 Smith's Lead. Cas. 63, 66. 1 Chitt. FL 606 — 611. It is in general proper where the plea consists of matter of excuse only, and its effect is to put the whole plea in issue, and compel the defendant to prove it. 1 Archb. A^. Frius, 148, 387. ' Where a part of the plea is admitted, the foregomg replication is termed de injuria absque residuo causa. 1 Chitt. FL 606.