Ut res magis valeat quam pereat
| Literal meaning | It is better for a thing to have effect than to be made void |
|---|---|
| Pronunciation | ut rayz MAH-jis VAL-ee-at kwam PEH-ray-at |
A statute or a document should be read so as to give it effect and not to make it useless. A meaning that makes the law ineffective is avoided.
Example
A clause in a contract can be read in two ways, and one reading makes it void. The court chooses the reading under which it works.
Exceptions / limits
The words must be able to bear the meaning chosen. A court cannot rewrite a law.
Exam tip
Asked as a rule of construction favouring validity.
Memory trick
Make it work, not fail.
Key takeaway
Interpret a law or document so that it works.
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