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NeCede's

Maxim 11.3.4

Words are to be received with effect.

Verba cum effectu sunt accipienda.

Source: Bacon, Max. reg. 3; Plowd. 156; Weisman, 104k; Weisman, 104u Difficulty 1/5 — Foundational

Explanation

Every clause in an instrument is presumed to have been inserted for a purpose — no provision is to be treated as idle or thrown away if it can be given a sensible operation.

Where this applies

  • Every clause in the contract should be given meaning — none should be treated as pointless.
  • An interpretation that makes a provision meaningless is wrong.
  • Every word was included for a reason and should be given effect.

Legal domains

contractinterpretation

See also

Cite this maxim

NeCede Max. 11.3.4 — Words are to be received with effect. — Bacon, Max. reg. 3; Plowd. 156; Weisman, 104k; Weisman, 104u (Verba cum effectu sunt accipienda.)

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