Where the provision of the party is wanting, the provision of the law is at hand.

Explanation

Where the parties to an instrument have failed to address a contingency, the common law supplies the default rule — silence in a contract is not a void, but an invitation for law to govern.

Where this applies

• Our contract didn't address this situation so what happens now.
• Where the parties didn't provide for something, the common law fills the gap.
• Silence in a contract isn't a void — the law provides the default rule.

See also

• 3.3.5 He is insane who, reason being cast away, does everything with violence and rage.
• 11.3.1 A clause in a law which precludes its own repeal is void from the beginning.