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NeCede's

Maxim 10.5.3

A general clause does not extend to things previously provided for specially.

Generalis clausula non porrigitur ad ea quae antea specialiter sunt comprehensa.

Source: 8 Co. 154; Broom, Max. 647; Weisman, 16a Difficulty 2/5 — Approachable

Explanation

A general residuary provision in a statute or instrument does not reach back to capture subjects already dealt with in specific earlier provisions.

Where this applies

  • A general catch-all clause shouldn't override the specific provisions that came before it.
  • The residuary clause can't reach back and capture subjects already dealt with specifically.
  • Specific earlier provisions control over a general later clause.

Legal domains

interpretation

See also

Cite this maxim

NeCede Max. 10.5.3 — A general clause does not extend to things previously provided for specially. — 8 Co. 154; Broom, Max. 647; Weisman, 16a (Generalis clausula non porrigitur ad ea quae antea specialiter sunt comprehensa.)

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