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Understanding Expressa Non Prosunt Quae Non Expressa Proderunt: A Legal Insight
Definition & Meaning
The phrase "expressa non prosunt quae non expressa proderunt" translates to "things that are expressed may be detrimental, while those that are not expressed may be beneficial." In legal terms, this maxim suggests that when something is explicitly stated, it can lead to negative consequences, whereas unexpressed elements may provide advantages. This principle emphasizes the importance of careful wording in legal documents and agreements, as what is included can have significant implications.
Table of content
Legal Use & context
This term is often used in various legal contexts, including contract law and estate planning. It highlights the need for clarity and precision in legal writing. For instance, in contract disputes, parties may argue that certain terms were implied but not explicitly stated, affecting the interpretation of the agreement. Users can manage some aspects of these situations through legal templates available from resources like US Legal Forms, which are designed to help individuals draft clear and comprehensive documents.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A contract states that a service provider will deliver goods by a specific date. If the date is not included, the service provider might argue that the delivery timeframe is flexible, potentially leading to disputes.
Example 2: In a will, if certain assets are not explicitly mentioned, beneficiaries may not receive them, even if the deceased intended for them to be included (hypothetical example).
State-by-state differences
Examples of state differences (not exhaustive):
State
Legal Implications
California
Explicit terms in contracts are strictly enforced, emphasizing the need for clarity.
New York
Implied terms may be recognized if they align with industry standards.
Texas
Written agreements are preferred, and unexpressed terms may lead to disputes.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Differences
Implied Terms
Terms not explicitly stated but assumed to be part of the agreement.
Implied terms differ from expressed terms, which are clearly stated.
Ambiguity
Unclear language that can lead to multiple interpretations.
Ambiguity arises from poor expression, while this maxim warns against the risks of explicit statements.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where this maxim may apply, consider the following steps:
Review your legal documents for clarity and completeness.
Consult a legal professional if you are unsure about the implications of expressed or unexpressed terms.
Explore US Legal Forms for templates that can help you draft clear agreements.
Find the legal form that fits your case
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