Maxim 12.5.7
When more is done than ought to be done, that which ought to have been done is considered to have been done.
Quando plus fit quam fieri debet, videtur etiam illud fieri quod faciendum est.
Source: 8 Co. 85; Jackson
Difficulty 2/5 — Approachable
Explanation
Where an act exceeds what was required, the law treats the required portion as validly performed; the excess does not vitiate the lawful part.
Where this applies
- More was done than required but the required part should still count as valid.
- The excess doesn't invalidate the lawful portion of what was done.
- When someone does more than necessary, the necessary part is treated as properly performed.
Legal domains
See also
Cite this maxim
NeCede Max. 12.5.7 — When more is done than ought to be done, that which ought to have been done is considered to have been done. — 8 Co. 85; Jackson (Quando plus fit quam fieri debet, videtur etiam illud fieri quod faciendum est.)
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