Maxim 10.2.6
Words ought to have some operation.
Verba aliquid operari debent.
Source: 8 Co. 94a; Bacon, Max. reg. 3; Weisman, 104m
Difficulty 2/5 — Approachable
Explanation
An interpretation that renders a word or clause meaningless is disfavored; the drafter is presumed to have used every word for a purpose.
Where this applies
- An interpretation that makes a clause meaningless can't be the right one.
- If your reading renders a whole section of the contract pointless, that reading is wrong.
- Every word was put there for a purpose — no provision should be treated as idle.
Legal domains
See also
Cite this maxim
NeCede Max. 10.2.6 — Words ought to have some operation. — 8 Co. 94a; Bacon, Max. reg. 3; Weisman, 104m (Verba aliquid operari debent.)
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