General Legal · Legal Maxim

Ut Res Magis Valeat

Ut res magis valeat quam pereat

Translation: Let the thing take effect rather than perish

Quick Answer

What does the legal maxim "Ut Res Magis Valeat" mean?

The legal maxim 'Ut Res Magis Valeat' denotes that legal documents and provisions should be interpreted in a way that allows them to have effect, rather than leading to their invalidation. This principle emphasizes the importance of preserving the intent of the parties involved in legal agreements.

Source: General Legal · Legal Maxim

Definition

The legal maxim 'Ut Res Magis Valeat' denotes that legal documents and provisions should be interpreted in a way that allows them to have effect, rather than leading to their invalidation. This principle emphasizes the importance of preserving the intent of the parties involved in legal agreements.

Origin

The maxim has roots in Roman law and has been widely recognized in common law jurisdictions as a method to support the enforceability of legal agreements. It reflects the judicial preference for interpretations that favor practicality and efficacy.

Modern Application

In modern law, courts often apply 'Ut Res Magis Valeat' to uphold the validity of contracts and statutes even when they contain ambiguities. The maxim encourages judges to consider the overall purpose and intent behind legal texts to avoid unjust outcomes that arise from strict literal interpretations.

Examples
  • In contract law, if an ambiguous clause exists, courts may interpret it in a manner that allows the contract to be enforceable rather than voiding it altogether.
  • In statutory interpretation, if a law contains conflicting provisions, courts will try to resolve the ambiguity in a way that gives effect to the legislative intent, rather than nullifying the law.
Key Cases
  • Parker v. British Airways Board (1982)
Why This Matters

Law students should understand this maxim as it underscores the principle of effective legal interpretation, which is essential for navigating contract law, statutory issues, and the larger concepts of legal compliance and enforceability.

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