Maxim 11.3.7
An unnecessary clause or disposition is not upheld by a remote presumption or a cause arising after the event.
Clausula vel dispositio inutilis per praesumptionem vel causam remotam ex post facto non fulcitur.
Source: Bac. Max. Reg. 21; Jackson
Difficulty 3/5 — Intermediate
Explanation
A useless provision cannot be rescued by speculative reasoning or after-the-fact justification; it must stand or fall on its own terms at the time it was made.
Where this applies
- They're trying to justify a useless clause with after-the-fact reasoning.
- A pointless provision can't be saved by speculative justification invented later.
- An unnecessary clause must stand or fall on its own terms at the time it was made.
Legal domains
See also
Cite this maxim
NeCede Max. 11.3.7 — An unnecessary clause or disposition is not upheld by a remote presumption or a cause arising after the event. — Bac. Max. Reg. 21; Jackson (Clausula vel dispositio inutilis per praesumptionem vel causam remotam ex post facto non fulcitur.)
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