Maxim 12.6.11
What is necessarily understood is not wanting.
Quod necessarie intelligitur, id non deest.
Source: 1 Bulst. 71; Jackson; Weisman, 69c
Difficulty 2/5 — Approachable
Explanation
What the law necessarily implies need not be expressly stated; an instrument is not defective for omitting what every reasonable reader would understand to be included.
Where this applies
- The document doesn't mention it explicitly but it's necessarily understood to be included.
- What the law necessarily implies doesn't need to be expressly stated.
- An instrument isn't defective for omitting what's obviously included by implication.
Legal domains
See also
Cite this maxim
NeCede Max. 12.6.11 — What is necessarily understood is not wanting. — 1 Bulst. 71; Jackson; Weisman, 69c (Quod necessarie intelligitur, id non deest.)
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