Ut Res Magis Valet Quam Pareat - It is better for a thing to have effect than to be made void.
Ut Res Magis Valet Quam Pareat
Meaning:
The Latin phrase “Ut res magis valet quam pareat” translates to:
"It is better for a thing to have effect than to be made void."
Explanation:
This maxim expresses a fundamental principle of legal interpretation and construction:
When interpreting a contract, statute, or legal document, courts strive to give effect to the intention of the parties or the legislature.
The law favors upholding and enforcing agreements or provisions rather than declaring them invalid or void due to minor defects or ambiguities.
In other words, where there are two possible interpretations, the one that makes the provision effective and valid will be preferred over the one that renders it void or ineffective.
Application in Law:
1. Contract Interpretation
Courts try to interpret contracts so as to make them valid and enforceable.
Even if there is some ambiguity, the interpretation that upholds the contract’s validity and purpose is favored.
This avoids unnecessary annulment or frustration of commercial agreements.
2. Statutory Interpretation
When a statute is ambiguous or might be struck down for unconstitutionality, courts will adopt interpretations that uphold its validity if reasonably possible.
This preserves legislative intent and avoids legal vacuum.
3. Arbitration Agreements
The maxim is often invoked to uphold arbitration clauses, favoring arbitrability unless explicitly excluded.
Courts lean towards enforcing arbitration agreements rather than declaring them void or unenforceable.
Illustrative Case Law from India:
1. Union of India v. McDowell & Co. Ltd., AIR 1996 SC 865
The Supreme Court stated the principle that the court should interpret a statute or contract in a way to uphold its validity.
The Court emphasized that the law should lean towards making the legal provision effective rather than invalidating it.
2. Gherulal Parakh v. Mahadeodas Maiya, AIR 1959 SC 781
The Court said that courts should endeavor to interpret the language in a way that gives effect to the intention and is consistent with the purpose rather than render it ineffective.
Importance of the Maxim:
Promotes judicial restraint from striking down agreements or laws without good reason.
Enhances certainty and stability in commercial and legal transactions.
Ensures that technicalities or minor procedural errors do not defeat substantive rights.
Supports the philosophy that the law exists to resolve disputes and uphold intentions rather than create barriers.
Summary:
| Maxim | Ut Res Magis Valet Quam Pareat |
|---|---|
| Meaning | Better to uphold and give effect than declare void |
| Purpose | To interpret laws/contracts in a way that makes them valid and effective |
| Applies to | Contract law, statutory interpretation, arbitration agreements |
| Goal | Preserve legal agreements, uphold intentions, avoid unnecessary invalidation |
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