Maxim 6.7.1
To confirm is to make firm that which was before infirm.
Confirmare est id quod prius infirmum fuit firmare.
Source: Co. Litt. 295; Jackson 125; Weisman, 20a
Difficulty 2/5 — Approachable
Explanation
Confirmation gives strength to what was previously weak or defective — but it cannot create a right where none existed.
Where this applies
- A contract was poorly drafted but both parties went ahead and performed — does that fix the defects?
- The deed had errors but the parties acted as if it were valid for years.
Topics
See also
Cite this maxim
NeCede Max. 6.7.1 — To confirm is to make firm that which was before infirm. — Co. Litt. 295; Jackson 125; Weisman, 20a (Confirmare est id quod prius infirmum fuit firmare.)
Found an error? Suggest a correction →