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Understanding Vox Emissa Volat; Litera Scripta Manet: A Legal Maxim
Definition & Meaning
The phrase "vox emissa volat; litera scripta manet" translates to "the spoken word flies away; the written word remains." This legal maxim emphasizes the importance of written agreements over verbal discussions. In legal contexts, it means that once a contract is documented, any prior or simultaneous verbal agreements are typically considered merged into that written document. Therefore, the written contract serves as the definitive record of the parties' intentions and agreements.
Table of content
Legal Use & context
This maxim is commonly used in contract law to highlight the significance of written contracts. It serves as a reminder that verbal agreements may not hold the same legal weight as written ones. In various legal practices, such as civil law, family law, and business law, this principle underlines the necessity of documenting agreements to avoid disputes.
Users can manage their own contracts using legal templates from US Legal Forms, ensuring that their written agreements are clear and enforceable.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(Hypothetical example) Imagine two parties verbally agree to the terms of a lease. Later, they draft a written lease agreement that includes specific terms. If a dispute arises about what was agreed upon verbally, the written lease will prevail, as the spoken words are considered to have "flown away."
In another scenario, if one party claims that the other misrepresented a term during negotiations, they may have difficulty enforcing that claim if the term is not included in the written contract.
State-by-state differences
Examples of state differences (not exhaustive):
State
Legal Approach
California
Strong emphasis on written contracts; verbal agreements are less enforceable.
New York
Verbal agreements can be binding but are often difficult to prove without written documentation.
Texas
Written contracts are essential for certain agreements, such as real estate transactions.
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
Oral Contract
A contract formed by spoken agreements.
Less enforceable than written contracts; relies heavily on witness testimony.
Written Contract
A formal agreement documented in writing.
Considered more reliable and enforceable than oral contracts.
Equity
A legal principle allowing for fairness in legal proceedings.
Can provide remedies in cases of misunderstandings or fraud, even when a written contract exists.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where a verbal agreement is in dispute, consider the following steps:
Review any written documentation related to the agreement.
Gather evidence of any verbal discussions, such as emails or messages that reference the agreement.
Consult with a legal professional if the matter is complex or if you need specific legal advice.
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