ut res magis valeat quam pereat
1. Meaning of the Maxim
Latin Phrase: “Ut res magis valeat quam pereat”
Literal Meaning: “A thing should rather have effect than be destroyed.”
Legal Principle:
Where possible, a law, contract, or legal document should be interpreted in such a way that it is valid and effective, rather than invalid or void.
Courts aim to uphold the intention of the parties or legislature rather than allowing a technical defect to nullify it.
Essence:
The maxim is used in statutory and contract interpretation.
It promotes substance over form and prevents purposeless nullification of legal provisions.
2. Application in Law
Statutory Interpretation:
If a law has a minor defect or ambiguity, courts interpret it to give effect to its purpose rather than declaring it void.
Contractual Interpretation:
In contracts, ambiguities or gaps are interpreted to preserve the validity of the contract, as long as it is reasonably possible.
Constitutional Law:
Used to sustain the validity of provisions while interpreting fundamental rights or legislative powers.
3. Case Laws
A. Central Board of Dawoodi Bohra Community v. State of Maharashtra (2005)
Facts: Dispute over validity of certain amendments in cooperative societies law.
Principle: Court applied the principle that statutes should be interpreted to give effect to legislative intent rather than nullifying provisions due to minor defects.
B. State of Maharashtra v. Dr. Praful B. Desai (2003)
Facts: Concerned technical defects in a legal notice and arbitration agreement.
Principle: Court held that legal documents should be interpreted in a way that they retain validity, applying “ut res magis valeat quam pereat”.
C. K.K. Verma v. Union of India (1960)
Facts: Challenged validity of administrative orders.
Principle: Court emphasized that administrative and legal acts should be upheld where possible, avoiding technical nullification, in line with the maxim.
4. Key Features
| Feature | Explanation |
|---|---|
| Purpose | Ensure that law, contract, or document has effect rather than being destroyed |
| Scope | Statutory interpretation, contracts, administrative acts |
| Objective | Preserve substance over form, uphold intended effect |
| Limit | Cannot be applied if it violates law or fundamental rights |
| Approach | Courts interpret ambiguities, minor defects, or omissions to maintain validity |
5. Practical Example
Example:
A contract mentions “delivery within 30 days,” but due to a clerical error, it says “30 months” in one clause.
Applying “ut res magis valeat quam pereat”, the court interprets it as 30 days to give effect to the contract, rather than nullifying it entirely.
6. Significance
Promotes Judicial Pragmatism:
Courts focus on substance and purpose rather than mere formality.
Preserves Legislative/Contractual Intent:
Ensures that minor errors or ambiguities do not frustrate the intended effect.
Reduces Legal Nullification:
Prevents laws, contracts, or administrative actions from being rendered ineffective due to technicalities.
7. Conclusion
Ut res magis valeat quam pereat is a fundamental principle of legal interpretation.
It instructs courts to interpret statutes, contracts, or legal acts in a way that upholds their effect and intention.
It emphasizes substance over form, promoting justice and efficacy in law.
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