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NeCede's

Maxim 10.5.11

The expression of things of which, if unexpressed, one would have the benefit, is useless.

Source: 4 Coke, 73; Weisman, 43h Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Expressing what the law would already imply is mere surplusage — it adds nothing and changes nothing, because the implied right or condition already exists by operation of law.

Where this applies

  • A lease explicitly states the tenant has the right to "quiet enjoyment" of the premises — but the law already implies that right in every lease, so writing it out changes nothing.
  • A contract spells out that both parties must act in good faith — the law already requires good faith in every contract, so the clause is surplusage.
  • A deed explicitly grants the buyer the right to exclude trespassers from the property — but ownership already includes that right by operation of law, making the express grant unnecessary.

Legal domains

Cite this maxim

NeCede Max. 10.5.11 — The expression of things of which, if unexpressed, one would have the benefit, is useless. — 4 Coke, 73; Weisman, 43h

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