Maxim 10.5.9
A general clause does not refer to things expressed.
Clausula generalis non refertur ad expressa.
Source: 8 Co. 154; Jackson
Difficulty 2/5 — Approachable
Explanation
A general residuary clause does not reach back to capture matters already specifically addressed in earlier provisions of the same instrument.
Where this applies
- The general clause shouldn't swallow the specific provisions already in the document.
- A residuary clause can't override what was already specifically addressed.
- General catchall language doesn't reach matters already covered by specific terms.
Legal domains
See also
Cite this maxim
NeCede Max. 10.5.9 — A general clause does not refer to things expressed. — 8 Co. 154; Jackson (Clausula generalis non refertur ad expressa.)
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