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.
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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