Skip to content
NeCede's

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.)

Found an error? Suggest a correction →