Define: Ipsissima Verba

– Ipsissima Verba is a Latin term that translates to “the very words.” In legal context, it refers to the principle that the exact wording of a law or contract is of utmost importance and should be interpreted literally.

– The principle of Ipsissima Verba requires courts to interpret a contract based on its precise wording, without adding or subtracting any terms. This means that the literal meaning of the words used in the contract is given significant weight in determining the parties’ intentions.

– Yes, in certain circumstances, other legal principles such as the intention of the parties or the overall purpose of the contract may take precedence over the principle of Ipsissima Verba. However, this would generally require clear evidence that the literal interpretation would lead to an absurd or unjust result.

– Ipsissima Verba primarily applies to written contracts and statutes, where the exact wording is crucial. However, it may not be as strictly applied in other legal documents, such as pleadings or legal opinions, where the context and intent may be more relevant.

– If there is an ambiguity in the wording of a contract, the court will typically resort to other principles of contract interpretation, such as the intention of the parties or the surrounding circumstances, to resolve the ambiguity.

– Yes, the parties to a contract can explicitly waive the principle of Ipsissima Verba and agree to interpret the contract based on other principles or standards. This can be done through a specific clause or provision in the contract.

– Yes, there are certain exceptions to the principle of Ipsissima Verba. For example, if a term in a contract is found to be illegal or against public policy, it will not be enforced, regardless of its literal wording.

– In statutory interpretation, the principle of Ipsissima Verba requires courts to give the exact words used in a statute their ordinary and literal meaning, unless there is a clear intention by the legislature to depart from such meaning.

– While the principle of Ipsissima Verba aims to ensure clarity and predictability in legal interpretation, it can sometimes lead to outcomes that may seem unfair or unintended. In such cases, courts may resort to other principles to avoid unjust results.

– The principle of Ipsissima Verba may vary in its application across different legal jurisdictions. While many jurisdictions recognize the importance of literal interpretation, the extent to which it is followed can depend on the specific legal system and the principles of interpretation adopted in that jurisdiction.