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NeCede's

Maxim 1.5.311

Void in part, void in toto.

Source: C.L.M.; Weisman, 62m Difficulty 4/5 — Advanced

Explanation

(English-origin maxim.) Where a material part of an instrument or act is void, the entire instrument or act fails — the law will not sever and enforce only the valid portions when the void portion is essential to the whole.

Where this applies

  • A statute grants police the power to search homes without a warrant for certain offenses, and the court strikes the entire statute because the unconstitutional search provision is essential to the law's operation.
  • A contract contains an illegal non-compete clause so central to the deal that removing it would change the nature of the agreement entirely, and the court voids the whole contract rather than severing the clause.
  • A deed conveys property with a racially restrictive covenant that is integral to the terms of the grant, and the court voids the entire conveyance because the void provision infects the whole.

Legal domains

Cite this maxim

NeCede Max. 1.5.311 — Void in part, void in toto. — C.L.M.; Weisman, 62m

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