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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