Maxim 10.5.2
That which is expressed puts an end to that which is implied.
Expressum facit cessare tacitum.
Source: 4 Co. 80; Broom, Max. 651; Weston v. Davis, 24 Me. 374; Weisman, 43d
Difficulty 1/5 — Foundational
Explanation
When parties reduce their agreement to express terms, no implication inconsistent with those terms may be raised; the express provision governs.
Where this applies
- We wrote specific terms into the contract so no conflicting implication should override them.
- The express provisions of our agreement replace any implied terms that would conflict.
- Once something is spelled out in writing, you can't imply something different.
Legal domains
See also
Cite this maxim
NeCede Max. 10.5.2 — That which is expressed puts an end to that which is implied. — 4 Co. 80; Broom, Max. 651; Weston v. Davis, 24 Me. 374; Weisman, 43d (Expressum facit cessare tacitum.)
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