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NeCede's

Maxim 1.5.219

What is understood is not lacking.

Quod subintelligitur non deest.

Source: Ld. Raym. 832; Jackson Difficulty 2/5 — Approachable

Explanation

An implied term need not be expressly stated to be effective — what the parties or the law necessarily understood to be part of the agreement is treated as included.

Where this applies

  • A contract does not explicitly state a term that is obviously implied.
  • Everyone understands that a certain condition is part of the agreement even though it is not written down.

Legal domains

Cite this maxim

NeCede Max. 1.5.219 — What is understood is not lacking. — Ld. Raym. 832; Jackson (Quod subintelligitur non deest.)

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