The meaning of this Latin phrase is to ensure the success of a matter rather than allowing it to fail. It is employed in situations where a document can be interpreted in different ways, and one interpretation would fulfil the document’s objective while the other would render it ineffective. The interpreter is advised to select the interpretation that accomplishes the purpose of the document.
The Latin phrase “Ut res magis valeat quam pereat” means “to give effect to the matter rather than having it fail.” This principle is applied when there are multiple possible interpretations, one of which would achieve the intended purpose of the document while the other would render it useless or absurd. In such cases, the interpreter chooses the interpretation that gives effect to the document’s purpose. For example, if an employee handbook states that employees are entitled to a 30-minute lunch break, and an employee argues that this means they can only take exactly 30 minutes for lunch, while the company argues that the purpose is to ensure adequate time for eating and resting, the broader interpretation would be chosen. This means that employees are entitled to at least 30 minutes for lunch, but they can take longer if necessary to fulfil the purpose of the policy. This example demonstrates how the principle of ut res magis valeat quam pereat is used to interpret ambiguous language in a way that achieves the document’s purpose. In this case, the purpose is to ensure employees have enough time to eat and rest, so the broader interpretation is chosen.
“Ut Res Magis Valeat Quam Pereat” is a Latin phrase that translates to “let the thing be more valid than it perish.” It is a legal principle that emphasizes the importance of interpreting laws and contracts in a way that preserves their validity and purpose rather than rendering them ineffective or meaningless.
In contract law, the principle of “Ut Res Magis Valeat Quam Pereat” is used to interpret ambiguous or unclear contract terms. Courts will strive to give effect to the intention of the parties involved and avoid rendering any provisions of the contract meaningless or unenforceable.
No, the principle of “Ut Res Magis Valeat Quam Pereat” cannot be used to override statutory law. Statutory law takes precedence over any contractual or common law principles, including this maxim.
The principle of “Ut Res Magis Valeat Quam Pereat” is primarily used in contract law and civil cases. It is not commonly applied in criminal law cases, as criminal law is governed by different principles and considerations.
While the principle of “Ut Res Magis Valeat Quam Pereat” is not typically applied to interpret constitutional provisions, it can be used as a general guiding principle in constitutional interpretation. However, constitutional interpretation often involves more complex and specific methodologies.
The principle of “Ut Res Magis Valeat Quam Pereat” is derived from Roman law and is widely recognized and applied in many legal systems around the world. However, its exact application and significance may vary depending on the jurisdiction and legal context.
No, the principle of “Ut Res Magis Valeat Quam Pereat” is not intended to invalidate contract provisions. Instead, it aims to interpret and give effect to the provisions in a way that preserves their validity and purpose.
The doctrine of contra proferentem is a rule of contract interpretation that favors the interpretation of ambiguous contract terms against the party who drafted the contract. While “Ut Res Magis Valeat Quam Pereat” shares a similar objective of preserving the validity of contract provisions, it is a broader principle that applies to all parties involved, not just the drafter.
Yes, the principle of “Ut Res Magis Valeat Quam Pereat” can be applied in the interpretation of wills and trusts. Courts will strive to give effect to the testator’s intentions and avoid rendering any provisions of the will or trust ineffective or meaningless.
While “Ut Res Magis Valeat Quam Pereat” is a valuable legal principle, its application is subject to certain limitations. For example, it cannot be used to contradict clear and unambiguous contract language or override statutory provisions. Additionally, the principle should be applied in a manner that is consistent with the overall purpose and intent of the law or contract in question.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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