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NeCede's

Maxim 1.5.328

The written letter remains.

Litera scripta manet.

Source: Wharton, III-176 Difficulty 3/5 — Intermediate

Explanation

Written instruments — contracts, deeds, statutes, constitutions — endure as evidence and bind the parties long after oral promises are forgotten; what is reduced to writing is the controlling record.

Where this applies

  • A landlord claims the tenant agreed to different lease terms verbally, but the court enforces the written lease because the written letter remains and governs.
  • A business partner insists that the parties had a side deal not reflected in the partnership agreement, but the court relies on the signed document because written instruments endure as the controlling record.
  • A government official claims an executive order was later modified by a verbal directive, but the court holds that the written order stands until formally amended in writing.

Legal domains

Cite this maxim

NeCede Max. 1.5.328 — The written letter remains. — Wharton, III-176 (Litera scripta manet.)

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