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NeCede's

Maxim 1.5.306

Not only what is permitted, but what is convenient, is to be considered, because what is inconvenient is illegal.

Source: Co. Litt. 66a; Weisman, 95y Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) In construing laws and grants, an interpretation that produces absurd or impracticable results must be rejected in favor of one that operates reasonably and conveniently.

Where this applies

  • A statute technically permits a landlord to raise rent by any amount at lease renewal, but a court holds that a 500% increase is inconvenient to the point of being illegal because it effectively destroys the tenancy.
  • A zoning law allows fences of any material, but a court rules that a 30-foot solid concrete wall in a residential neighborhood is so inconvenient to neighbors that it exceeds what the law contemplates.
  • A permit regulation is interpreted to require applicants to appear in person at an office open only one hour per week in a distant city, and the court strikes the interpretation because impracticable requirements are illegal.

Legal domains

Cite this maxim

NeCede Max. 1.5.306 — Not only what is permitted, but what is convenient, is to be considered, because what is inconvenient is illegal. — Co. Litt. 66a; Weisman, 95y

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