Define: Cum Quod Ago Non Valet Ut Ago Valeat Quantum Valere Potest

The phrase translates to “When what I do is not valid as I do it, let it be valid as much as it can be.” It is a legal principle that allows for the validation of an act or contract to the extent that it is legally possible.

This principle is often used to salvage a contract that may be partially invalid or unenforceable. It allows the court to enforce the valid portions of the contract while disregarding the invalid parts.

No, this principle cannot be used to validate illegal acts. It only applies to acts or contracts that are partially invalid or unenforceable due to technical or procedural issues.

While this principle has its roots in Roman law, its application may vary in different legal jurisdictions. Some jurisdictions may have similar principles or doctrines that serve a similar purpose.

No, this principle cannot be used to override statutory requirements. It can only be applied within the boundaries of existing laws and regulations.

In the context of wills, this principle can be used to validate a will that may have technical deficiencies or errors, as long as the testator’s intentions can be reasonably determined.

This principle can be used to interpret ambiguous contract terms in a way that gives effect to the parties’ intentions to the extent that it is legally possible. It allows the court to fill in gaps or resolve uncertainties in the contract.

No, this principle cannot be used to validate a contract that was entered into under duress. Contracts entered into under duress are generally considered voidable and can be invalidated by the affected party.

This principle can be used to enforce restrictive covenants in employment contracts to the extent that they are reasonable and necessary to protect legitimate business interests. It allows the court to strike down overly broad or unreasonable provisions while upholding the valid ones.