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Understanding Expressum Facit Cessare Tacitum: A Key Legal Maxim
Definition & Meaning
The phrase "expressum facit cessare tacitum" translates to "what is expressed makes what is implied silent." This legal maxim is used to clarify that when a specific provision is stated in a legal document, such as a contract or statute, it overrides any implied meanings. In essence, if something is clearly articulated, there is no need to consider what might be inferred or assumed. For example, if a contract specifies a deadline for performance, it is unnecessary to interpret that performance must occur within a reasonable timeframe unless explicitly stated.
Table of content
Legal Use & context
This maxim is commonly applied in various areas of law, including contract law, property law, and statutory interpretation. It serves as a guiding principle for judges and attorneys when determining the intent of the parties involved in a legal agreement. Users can utilize legal templates from US Legal Forms to draft documents that clearly express their intentions, reducing the likelihood of disputes over implied meanings.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For instance, if a lease agreement states that rent is due on the first of each month, the landlord cannot demand payment earlier than that date. Another example (hypothetical): a contract stipulates that a service must be completed by June 30. The service provider cannot argue that the work should have been done by an earlier date based on an implied understanding.
State-by-state differences
Examples of state differences (not exhaustive):
State
Application of the Maxim
California
Strong emphasis on express terms in contracts.
New York
Similar application, with courts often favoring express terms over implied ones.
Texas
Express terms are critical, but courts may consider implied terms in certain contexts.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Express Terms
Clearly stated provisions in a contract.
Directly contrasts with implied terms.
Implied Terms
Terms not explicitly stated but understood to be part of the agreement.
May be disregarded if express terms are present.
Common misunderstandings
What to do if this term applies to you
If you are entering into a contract or drafting a legal document, ensure that all important terms are clearly stated. Consider using templates from US Legal Forms to help create documents that minimize ambiguity. If you encounter disputes regarding implied meanings, it may be beneficial to seek legal advice.
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