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NeCede's

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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