Maxim 2.2.10
He who has authority to do the more important act shall not be debarred from doing that of less importance.
Cui licet quod majus non debet quod minus est non licere.
Source: 4 Co. 28; Jackson
Difficulty 2/5 — Approachable
Explanation
He who possesses the greater power is not to be denied the lesser — a grant of authority to do the major act necessarily includes authority for all subordinate acts required to accomplish it.
Where this applies
- Someone who has authority to sell a property is told they cannot lease it.
- A party with the greater power is denied the lesser power it necessarily includes.
Legal domains
Cite this maxim
NeCede Max. 2.2.10 — He who has authority to do the more important act shall not be debarred from doing that of less importance. — 4 Co. 28; Jackson (Cui licet quod majus non debet quod minus est non licere.)
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