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NeCede's

Maxim 1.5.271

Things shall not be void which may possibly be good.

Source: Bouv. 160; Weisman, 62k Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim — no Latin equivalent; the English title is the original form.) Courts will construe instruments to sustain their validity wherever possible — a deed or statute that admits of a lawful interpretation will not be declared void when it can be given effect.

Where this applies

  • A deed contains a minor clerical error in the property description, but the court upholds it because the intent is clear and the instrument can be given lawful effect.
  • A will omits a standard attestation clause, but the court construes it to be valid because the testator's wishes are plain and the document can still operate as intended.
  • A statute uses ambiguous language that could be read as either constitutional or unconstitutional, and the court adopts the constitutional reading to preserve the law's validity.

Legal domains

Cite this maxim

NeCede Max. 1.5.271 — Things shall not be void which may possibly be good. — Bouv. 160; Weisman, 62k

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