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NeCede's

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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