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.
Topics
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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