Maxim 11.1.20
A repugnant act cannot be brought into being, i.e., cannot be made effectual.
Source: Plowd. 355; Weisman, 2l; Weisman, 62b
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) An act that contradicts itself or is internally inconsistent is void — the law will not give effect to what is self-defeating.
Where this applies
- A deed grants land to someone 'and his heirs forever' but then says the grantee can never sell or transfer it — the two clauses contradict each other, making the restriction void.
- A contract says the seller will deliver goods 'at buyer's discretion' but also requires delivery by a fixed date regardless of buyer's request — the self-contradicting terms cancel each other out.
- A will leaves the entire estate to one daughter but a later clause in the same will leaves the entire estate to a different daughter — the repugnant provisions cannot both stand.
Cite this maxim
NeCede Max. 11.1.20 — A repugnant act cannot be brought into being, i.e., cannot be made effectual. — Plowd. 355; Weisman, 2l; Weisman, 62b
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