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LEGAL MAXIMS
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[ Also see Law ]

The truth of the name takes away the error of description.
      - Legal Maxim, Broom's Legal Maxims
         (max. 637, 641), also Bacon's Maxims
         (reg. 25)

Words ought not to be taken to import a false demonstration which may have effect by way of true limitation.
      - Legal Maxim, Broom's Legal Maxims
         (max. 642)

Although a testator may have mistaken the nomen, cognomen, or proenomen of a legatee, yet, if it be certain who is the person meant, the legacy is valid.
      - Legal Maxim, Broom's Legal Maxims
         (max. 645)

General words must be narrowed either to the nature of the subject-matter or to the aptitude of the person.
      - Legal Maxim, Broom's Legal Maxims
         (max. 646), also Bacon's Maxims
         (reg. 10)

General words are to be understood generally.
      - Legal Maxim, Broom's Legal Maxims
         (max. 647)

The spoken word flies; the written letter remains.
      - Legal Maxim, Broom's Legal Maxims
         (max. 666)

Words to which reference is made in an instrument have the same effect and operation as if they were inserted in the clauses referring to them.
      - Legal Maxim, Broom's Legal Maxims
         (max. 673)

Words referred to are to be considered as if incorporated.
      - Legal Maxim, Broom's Legal Maxims
         (max. 674, 677)

Nudum pactum is that upon which no action arises.
      - Legal Maxim, Broom's Legal Maxims
         (max. 676)

A statute is best explained by following the construction put upon it by judges who lived at the time it was made, or soon after.
      - Legal Maxim, Broom's Legal Maxims
         (max. 682)

He who considers merely the letter of an instrument goes but skin deep into its meaning.
      - Legal Maxim, Broom's Legal Maxims
         (max. 685)

Bad grammar does not vitiate a deed, but in the exposition of instruments, bad grammar, as far as it can be done, is to be avoided.
      - Legal Maxim, Broom's Legal Maxims
         (max. 686)

In obscure constructions we always apply that which is the least obscure.
      - Legal Maxim, Broom's Legal Maxims
         (max. 687)

That contracts which are made against law or against good morals have no force is a principle of undoubted law.
      - Legal Maxim, Broom's Legal Maxims
         (max. 695)

By no agreement can it be effected that a fraud shall be practiced.
      - Legal Maxim, Broom's Legal Maxims
         (max. 696)

The rights of creditors can neither be taken away nor diminished by agreements among the debtors.
      - Legal Maxim, Broom's Legal Maxims
         (max. 697)

Agreements which are not contrary to the laws not entered into with a fraudulent design are in all respects to be observed.
      - Legal Maxim, Broom's Legal Maxims
         (max. 698, 732)

A benefit is not conferred on one who is unwilling to receive it.
      - Legal Maxim, Broom's Legal Maxims
         (max. 699)

All persons shall have liberty to renounce those privileges which have been conferred for their benefit.
      - Legal Maxim, Broom's Legal Maxims
         (max. 699)

He who receives the advantage ought also to suffer the burden.
      - Legal Maxim, Broom's Legal Maxims
         (max. 706-713)

Whatever I approve I do not reject.
      - Legal Maxim, Broom's Legal Maxims
         (max. 712)

In a case of equal right the condition of the party in possession is the better.
      - Legal Maxim, Broom's Legal Maxims
         (max. 713)

A person in possession is not bound to prove that the possessions belong to him.
      - Legal Maxim, Broom's Legal Maxims
         (max. 714)

The condition of the possessor is the better, and the condition of the defendant is better than that of the plaintiff.
      - Legal Maxim, Broom's Legal Maxims
         (max. 714, 719)

The condition of the party in possession is the better one.
      - Legal Maxim, Broom's Legal Maxims
         (max. 715, 719)


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