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NeCede's

Maxim 12.2.8

It shall have effect as far as it can have effect.

Source: Cowp. 600; 4 Kent, Comm. 493; Shep. Touch. 87; Weisman, 14g Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) An instrument or act that cannot operate as intended will nonetheless be given whatever legal effect it can lawfully support — the law saves what can be saved.

Where this applies

  • A deed that is defective as a conveyance is upheld as a contract to convey — the court gives it whatever effect it can lawfully support.
  • A check written to the wrong payee name cannot operate as a negotiable instrument but may still serve as evidence of a debt — the law finds the closest valid purpose.
  • A trust that fails because it violates the rule against perpetuities is enforced as far as it can go, preserving distributions that have already vested.

Legal domains

Cite this maxim

NeCede Max. 12.2.8 — It shall have effect as far as it can have effect. — Cowp. 600; 4 Kent, Comm. 493; Shep. Touch. 87; Weisman, 14g

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