Maxim 10.2.40
Words should be understood effectively.
Source: Rickets v. Livingston, 2 Johns. Cas. (N.Y.) 97, 101; Weisman, 104p
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Words in a legal instrument must be given operative effect — every term should be construed to accomplish something, not rendered meaningless by a strained interpretation.
Where this applies
- A contract includes a force majeure clause, and one party argues it's just boilerplate with no real meaning — the court says every clause must be given operative effect, not dismissed as filler.
- A deed contains the phrase "subject to existing easements," and the buyer claims that language is meaningless surplusage — but the court holds it must be understood to accomplish something.
- A statute includes the word "willfully" before describing a prohibited act, and the prosecution argues it adds nothing — the court disagrees, holding that every word in a statute must be given effect.
Legal domains
Cite this maxim
NeCede Max. 10.2.40 — Words should be understood effectively. — Rickets v. Livingston, 2 Johns. Cas. (N.Y.) 97, 101; Weisman, 104p
Found an error? Suggest a correction →