Maxim 1.5.299
In conjunctives each part must be true.
Source: Wing. Max. 13; Weisman, 95l
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Where a statute, contract, or condition joins requirements with "and," every element must be satisfied — failure of any one part defeats the whole.
Where this applies
- A statute requires that a business be 'duly licensed and bonded and insured,' and a company that is licensed and bonded but not insured fails to meet the requirement because each conjunctive element must be satisfied.
- A contract states the buyer must 'inspect and approve and pay within 30 days,' and a buyer who inspected and paid but never formally approved has not met the condition.
- A zoning variance requires that the applicant show 'hardship and no harm to neighbors and consistency with the master plan,' and failing on any one of the three elements defeats the application.
Legal domains
Cite this maxim
NeCede Max. 1.5.299 — In conjunctives each part must be true. — Wing. Max. 13; Weisman, 95l
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