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NeCede's

Maxim 12.9.19

The time is to be considered.

Source: 1 Coke, 16a; Bloss v. Toby, 2 Pick. (Mass.) 327; Owens v. Missionary Society, 14 N.Y. 380, 393, 67 Am. Dec. 160; Weisman, 100b; Weisman, 102c Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) The time at which an act occurred or a right accrued is a material fact — the validity and effect of legal transactions must be judged by the law and circumstances prevailing at the relevant date.

Where this applies

  • A contract signed in 1980 is interpreted under the commercial law that was in effect in 1980, not the revised version enacted in 2005 — the time of the act controls.
  • A property tax assessment is challenged because the assessor used current market values instead of the values at the time the assessment was due — the relevant date matters.
  • A will executed in 1970 is construed according to the inheritance laws in force at the date of the testator's death, not the laws in effect when the will was written — the applicable time must be considered.

Legal domains

Cite this maxim

NeCede Max. 12.9.19 — The time is to be considered. — 1 Coke, 16a; Bloss v. Toby, 2 Pick. (Mass.) 327; Owens v. Missionary Society, 14 N.Y. 380, 393, 67 Am. Dec. 160; Weisman, 100b; Weisman, 102c

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