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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