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NeCede's

Maxim 10.2.5

Words ought to be understood with effect, so that the thing may be preserved rather than destroyed.

Verba debent intelligi cum effectu, ut res magis valeat quam pereat.

Source: 6 Co. 62; Bacon, Max. reg. 3; Plowd. 156; 2 Bl. Comm. 380 Difficulty 1/5 — Foundational

Explanation

No word in an instrument is to be treated as surplusage if any meaning can reasonably be given to it; every term must be read to produce some effect.

Where this applies

  • Every word in this contract should be given meaning rather than treated as meaningless.
  • They're claiming a key clause is surplusage but every word was included for a reason.
  • The document should be read so that every term has effect and nothing is wasted.

Legal domains

See also

Cite this maxim

NeCede Max. 10.2.5 — Words ought to be understood with effect, so that the thing may be preserved rather than destroyed. — 6 Co. 62; Bacon, Max. reg. 3; Plowd. 156; 2 Bl. Comm. 380 (Verba debent intelligi cum effectu, ut res magis valeat quam pereat.)

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