Maxim 10.2.26
Words inferred are to be considered as incorporated.
Verba illata inesse videntur.
Source: Co. Litt. 359; Jackson
Difficulty 2/5 — Approachable
Explanation
Terms necessarily implied by law are treated as if expressly written into the instrument, even though the parties did not state them.
Where this applies
- Certain terms are implied by law even though nobody wrote them into the contract.
- The agreement doesn't mention it but the law reads it in automatically.
- Implied terms have the same force as if they were expressly written.
Legal domains
See also
Cite this maxim
NeCede Max. 10.2.26 — Words inferred are to be considered as incorporated. — Co. Litt. 359; Jackson (Verba illata inesse videntur.)
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