Maxim 10.2.23
Compacts are accustomed to be clothed by the thing itself, by words, by writing, by consent, by delivery, by connection.
Re, verbis, scripto, consensu, traditione, junctura vestes sumere pacta solent.
Source: Plow. Com. 161; Jackson; Weisman, 24l
Difficulty 1/5 — Foundational
Explanation
An agreement may be formed and evidenced in any of these six modes; the law recognizes substance in all its forms, not writing alone.
Where this applies
- An agreement can be formed through actions, words, writing, consent, or delivery — not just written contracts.
- The deal was made through handshake and conduct, not a formal written document.
- Contracts can be evidenced in multiple ways, not just paper.
Legal domains
See also
Cite this maxim
NeCede Max. 10.2.23 — Compacts are accustomed to be clothed by the thing itself, by words, by writing, by consent, by delivery, by connection. — Plow. Com. 161; Jackson; Weisman, 24l (Re, verbis, scripto, consensu, traditione, junctura vestes sumere pacta solent.)
Found an error? Suggest a correction →