Maxim 11.1.3
Not what is said, but what is done, is to be regarded.
Non quod dictum est, sed quod factum est, inspicitur.
Source: Co. Litt. 36; 6 Bing. 310; Osborn v. Cook, 11 Cush. (Mass.) 536; Weisman, 2d
Difficulty 1/5 — Foundational
Explanation
In the delivery of instruments, the substance of what was performed controls — not the oral declarations accompanying it.
Where this applies
- What matters is what was actually done, not what was said about it.
- They're trying to rely on oral statements but the actions tell a different story.
- The substance of what happened controls, not the words that accompanied it.
Legal domains
See also
Cite this maxim
NeCede Max. 11.1.3 — Not what is said, but what is done, is to be regarded. — Co. Litt. 36; 6 Bing. 310; Osborn v. Cook, 11 Cush. (Mass.) 536; Weisman, 2d (Non quod dictum est, sed quod factum est, inspicitur.)
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