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NeCede's

Maxim 10.2.28

Words to which reference is made in an instrument have the same effect and operation as if they were inserted in the instrument referring to them.

Verba relata hoc maxime operantur per referentiam, ut in eis inesse videntur.

Source: Co. Litt. 359; Jackson; Weisman, 16c Difficulty 1/5 — Foundational

Explanation

Incorporation by reference gives the referenced words the same force as if they had been copied into the instrument verbatim.

Where this applies

  • The contract incorporates another document by reference and those terms have full force.
  • Terms referenced in the agreement are treated as if they were written directly into it.
  • Incorporation by reference gives the external document the same power as if it were copied in.

Legal domains

See also

Cite this maxim

NeCede Max. 10.2.28 — Words to which reference is made in an instrument have the same effect and operation as if they were inserted in the instrument referring to them. — Co. Litt. 359; Jackson; Weisman, 16c (Verba relata hoc maxime operantur per referentiam, ut in eis inesse videntur.)

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