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ut res magis valeat quam pereat

Latin · oot RAYS MAH-jis VAL-ay-at kwahm PER-ay-at · Jurisprudence and interpretation

Meaning. It is better that a thing should have effect than be made void; a rule for interpreting documents and statutes.

Where a statute, contract or deed is capable of two meanings, one that gives it effect and one that makes it useless or void, the court prefers the meaning that makes it work. Courts presume that the legislature does not enact futile laws and that parties do not make pointless agreements.

The rule supports harmonious construction and the presumption of constitutionality. It does not allow courts to rewrite clear words: if the only possible meaning makes a provision void, the court must say so.

Example

Applying ut res magis valeat quam pereat, the court read the vague arbitration clause as a binding agreement to arbitrate rather than holding it void for uncertainty.

See also

harmonious construction · purposive interpretation · beneficial construction

Read more in the study notes

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