Maxim 1.5.268
What ought not to be done, when done, is valid.
Quod fieri non debet, factum valet.
Source: 5 Coke, 38, 39; Nichols v. Ketchan, 19 Johns. (N.Y.) 84, 92; Weisman, 62e
Difficulty 3/5 — Intermediate
Explanation
An irregular but not void act remains effective — a deed delivered on Sunday or a marriage performed by an unauthorized person may be merely voidable, not void, and courts will not undo what is already accomplished if no jurisdictional defect exists.
Where this applies
- An act that should not have been performed is challenged, but since it was done it stands.
- A deed delivered on a Sunday is questioned as improper but not void.
Legal domains
Cite this maxim
NeCede Max. 1.5.268 — What ought not to be done, when done, is valid. — 5 Coke, 38, 39; Nichols v. Ketchan, 19 Johns. (N.Y.) 84, 92; Weisman, 62e (Quod fieri non debet, factum valet.)
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