Maxim 11.1.14
Acts required to be done by law do not admit of qualification.
Source: Hob. 153; Branch, Princ.; Weisman, 2b
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) When the law mandates a specific act — such as recording a deed or filing within a deadline — no party may attach conditions or qualifications to the performance; it must be done precisely as the law commands.
Where this applies
- A county clerk refuses to record a deed unless the filer pays an extra unofficial fee, but the law requires recording upon presentation and payment of the statutory fee — no additional conditions allowed.
- A defendant argues he filed his appeal 'substantially on time' but a day late; the court holds that the statutory deadline admits no qualification — it was due by the date, period.
- A building inspector tries to attach conditions to issuing a permit that the code doesn't authorize; the applicant shows the code requires issuance once the listed requirements are met, with no room for extras.
Cite this maxim
NeCede Max. 11.1.14 — Acts required to be done by law do not admit of qualification. — Hob. 153; Branch, Princ.; Weisman, 2b
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