When what I do is not valid as I do it, let it be valid to the extent that it can be.

Explanation

An act or instrument that fails in its intended form should be upheld to whatever extent the law permits — the court will give it the greatest effect possible rather than void it entirely.

Where this applies

• A landowner executes a deed intending it as a mortgage but fails to include the redemption clause, and the court treats it as a mortgage to the extent the law allows, giving it the greatest valid effect.
• A testator writes a will that fails as a formal will because it lacks witnesses, but the court upholds it as a valid holographic will because it meets those requirements, giving the instrument effect to the fullest extent possible.
• A contract for sale of land fails to satisfy the statute of frauds, but the court enforces it as an agreement for a lease because the instrument can be valid in that lesser form.

See also

• 10.1.1 Liberal constructions of written instruments are to be made, on account of the simplicity of the common people, so that the thing may have effect rather than perish; and words should serve the intention, not the intention the words.