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NeCede's

Maxim 10.1.3

The whole is preferred to any single part.

Totum praefertur unicuique parti.

Source: 2 Kent, Comm. 555; 2 Inst. 317; Wing. Max. 238 Difficulty 1/5 — Foundational

Explanation

Every part of an instrument must be read together and harmonized; no single clause may be wrested from its place to defeat the whole.

Where this applies

  • One clause is being used to defeat the purpose of the entire contract.
  • A single part is being read in a way that contradicts the whole document.
  • Every part of the agreement should be read together to make sense as a whole.

Legal domains

See also

Cite this maxim

NeCede Max. 10.1.3 — The whole is preferred to any single part. — 2 Kent, Comm. 555; 2 Inst. 317; Wing. Max. 238 (Totum praefertur unicuique parti.)

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