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NeCede's

Maxim 11.1.21

When many join in one act, the law will construe it as the act of him who could best accomplish it.

Source: Noy, Max. 38; Weisman, 2m Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Where several persons participate in a single transaction, the law attributes the act to the party with the authority or capacity to perform it, such as the grantor in a deed or the officer with jurisdiction.

Where this applies

  • A husband and wife both sign a deed conveying property, but only the wife actually owns the land — the law treats the deed as her act since she is the one with authority to convey.
  • Three corporate officers co-sign a contract, but only the CEO has authority under the bylaws to bind the company — the contract is construed as the CEO's act.
  • A notary, a witness, and a grantor all participate in executing a deed, but the act of conveyance is attributed to the grantor because only he had the power to transfer.

Legal domains

Cite this maxim

NeCede Max. 11.1.21 — When many join in one act, the law will construe it as the act of him who could best accomplish it. — Noy, Max. 38; Weisman, 2m

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