Maxim 11.3.12
Particular clauses inserted in agreements to avoid doubts and ambiguity do not prejudice the general law.
Source: Dig. 50, 17, 81; Weisman, 16h
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Explanatory clauses inserted in an agreement for the sake of clarity do not override or restrict the general principles of law that would otherwise apply.
Where this applies
- A contract includes a clause saying 'for the avoidance of doubt, payment shall be in U.S. dollars' — this clarifying language doesn't override the general commercial law that already required payment in local currency.
- A deed adds 'including but not limited to mineral rights' after a general grant of the property — the explanatory phrase doesn't narrow or expand the grant beyond what the law would already provide.
- A partnership agreement includes 'for clarity, profits include capital gains' — this inserted clause doesn't change the general partnership law governing profit-sharing.
Legal domains
Cite this maxim
NeCede Max. 11.3.12 — Particular clauses inserted in agreements to avoid doubts and ambiguity do not prejudice the general law. — Dig. 50, 17, 81; Weisman, 16h
Found an error? Suggest a correction →