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NeCede's

Maxim 1.5.273

He who concedes anything is considered as conceding that without which his concession would be void; or without which the thing itself could not exist.

Qui concedit aliquid concedere videtur et id sine quo concessio est irrita, sine quo res ipsa esse non potuit.

Source: 11 Coke, 52; Finch, Law, b. 1, c. 3, n. 8; Weisman, 62n; Weisman, 4b Difficulty 3/5 — Intermediate

Explanation

A grant implies everything necessary for its enjoyment — a grant of land implies access, a corporate charter implies by-law power, and a delegation of authority carries with it all powers indispensable to its exercise.

Where this applies

  • A landowner grants a neighbor the right to draw water from a well on the grantor's property, and the grant impliedly includes the right to cross the grantor's land to reach the well.
  • A city charter delegates authority to a police department, and that delegation necessarily includes the power to hire officers and purchase equipment needed to exercise police functions.
  • A franchise agreement grants someone the right to operate a restaurant under a brand name, and that grant implicitly includes the right to use the brand's trademarks and recipes.

Legal domains

Cite this maxim

NeCede Max. 1.5.273 — He who concedes anything is considered as conceding that without which his concession would be void; or without which the thing itself could not exist. — 11 Coke, 52; Finch, Law, b. 1, c. 3, n. 8; Weisman, 62n; Weisman, 4b (Qui concedit aliquid concedere videtur et id sine quo concessio est irrita, sine quo res ipsa esse non potuit.)

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