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NeCede's

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

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