The omission of those things which are tacitly implied is of no consequence.

Explanation

(English-origin maxim.) An instrument is not defective merely because it fails to state what the law already implies — implied terms and conditions are read in as though expressly written.

Where this applies

• A deed fails to mention that it conveys the right to access the property from the road, but the court reads in an implied easement because what the law already supplies need not be stated.
• A contract for the sale of goods does not mention the implied warranty of merchantability, but the warranty exists by operation of law and the omission is of no consequence.
• A lease does not expressly require the landlord to keep the premises habitable, but the implied warranty of habitability applies regardless because the law already supplies what the lease omits.