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NeCede's

Maxim 10.1.30

The whole instrument is to be viewed and compared in all its parts, so that every part of it may be made consistent and effectual.

Source: 2 Kent, Comm. 555; 2 Inst. 317; Wing. Max. 238; Weisman, 22ij; Weisman, 22jj Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Every part of an instrument must be compared with every other part so that no clause is rendered inconsistent, superfluous, or void — the whole must be read as a harmonious unit.

Where this applies

  • A partnership agreement has a profit-sharing clause that seems to conflict with a later buyout clause, so the court reads both together to make them consistent rather than throwing one out.
  • A constitution grants free speech in one article and regulates public safety in another — both provisions must be read as parts of a harmonious whole, not as contradictions.
  • A lease has an early-termination clause and a penalty clause that seem to say different things, so the court compares them and finds a reading where both operate without conflict.

Legal domains

Cite this maxim

NeCede Max. 10.1.30 — The whole instrument is to be viewed and compared in all its parts, so that every part of it may be made consistent and effectual. — 2 Kent, Comm. 555; 2 Inst. 317; Wing. Max. 238; Weisman, 22ij; Weisman, 22jj

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