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NeCede's

Maxim 10.2.36

It matters not what becomes of equipollent expressions.

Source: 5 Coke, 122; Weisman, 104d Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) Where two expressions mean exactly the same thing, it is immaterial which is used — the law does not distinguish between equivalent formulations.

Where this applies

  • One version of a contract says the buyer "shall pay" and another says the buyer "must pay" — since both mean the same thing, it doesn't matter which version controls.
  • A statute uses "void" in one section and "of no effect" in another to describe the same consequence, and a litigant tries to argue they mean different things — the court says they're equivalent.
  • A deed says the property is "conveyed and transferred" to the new owner — the two words mean the same thing, so arguing about whether it was a conveyance or a transfer is pointless.

Legal domains

Cite this maxim

NeCede Max. 10.2.36 — It matters not what becomes of equipollent expressions. — 5 Coke, 122; Weisman, 104d

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