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NeCede's

Maxim 12.2.10

When that which I do does not have effect as I do it, let it have as much effect as it can; i.e., in some other way.

Source: Troup v. Blodget, 16Johns. (N.Y.) 172, 178; Vandervolgen v. Yates, 3 Barb. Ch. (N.Y.) 242, 261; 4 Kent, Comm. 493; Weisman, 14k Difficulty 4/5 — Advanced

Explanation

(English-origin maxim.) Where an instrument fails in its primary purpose, the law will give it effect in any alternative capacity it can lawfully support rather than declare it a total nullity.

Where this applies

  • A man writes a document intending it to be a deed, but it lacks the formalities of a deed — the court treats it as a valid contract instead, giving it as much effect as it can.
  • A father's attempted trust fails for a technicality, but the court enforces the transfer as an outright gift because that is the most effect the instrument can have.
  • A business agreement that fails as a formal partnership is upheld as a joint venture — the law saves what it can rather than voiding the entire arrangement.

Legal domains

Cite this maxim

NeCede Max. 12.2.10 — When that which I do does not have effect as I do it, let it have as much effect as it can; i.e., in some other way. — Troup v. Blodget, 16Johns. (N.Y.) 172, 178; Vandervolgen v. Yates, 3 Barb. Ch. (N.Y.) 242, 261; 4 Kent, Comm. 493; Weisman, 14k

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