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NeCede's

Maxim 6.3.3

Words of mouth are to be received with practical effect — where words and intent agree, no interpretation is needed.

Verba oris cum effectu accipi debent.

Source: BL4 "Verba"; cf. 10 Co. 52 (assent by words or deeds) Difficulty 1/5 — Foundational

Explanation

When the words and the minds of the parties agree on essential terms, the contract is formed and no further construction is necessary.

Where this applies

  • We both said 'deal' and shook hands — is that enough to form a contract?
  • Our verbal agreement is clear to both of us — do we need it in writing?

Legal domains

See also

Cite this maxim

NeCede Max. 6.3.3 — Words of mouth are to be received with practical effect — where words and intent agree, no interpretation is needed. — BL4 "Verba"; cf. 10 Co. 52 (assent by words or deeds) (Verba oris cum effectu accipi debent.)

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