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NeCede's

Maxim 5.4.26

He who is permitted to do the greater may with greater reason do the less.

Source: Dig. 50, 17, 21; Broom, Max. 3d Lond. ed. 165; Shep. Touch. 429; Weisman, 52f Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) He who is authorized to do the greater thing is by necessary implication authorized to do the lesser — a grant of broad power includes every narrower power within it.

Where this applies

  • A property owner who is allowed to demolish an entire building can certainly remove a single interior wall without needing separate permission.
  • A parent who has authority to withdraw a child from school entirely can also excuse the child for a single day.
  • A landlord authorized to terminate a lease entirely can also waive a single month's rent, since the lesser power is included in the greater.

Legal domains

Cite this maxim

NeCede Max. 5.4.26 — He who is permitted to do the greater may with greater reason do the less. — Dig. 50, 17, 21; Broom, Max. 3d Lond. ed. 165; Shep. Touch. 429; Weisman, 52f

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