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Simple English definitions for legal terms
perinde est ac si scriptum non esset
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A quick definition of perinde est ac si scriptum non esset:
Term: PERINDE EST AC SI SCRIPTUM NON ESSET
Definition: This is a Latin phrase used in Scots law which means that something is the same as if it had not been written. This applies to a legal document that does not clearly convey the intentions of the person who wrote it. In such cases, extrinsic evidence cannot be used to supplement the document, and it will be considered void due to uncertainty.
A more thorough explanation:
PERINDE EST AC SI SCRIPTUM NON ESSET
Perinde est ac si scriptum non esset is a Latin phrase used in Scots law. It means that a legal document is considered invalid if it fails to convey the grantor's meaning adequately, and cannot be supplemented by extrinsic evidence.
For example, if a deed of sale for a property is unclear about the terms of the sale, it cannot be corrected or clarified by any other evidence. The deed would be considered void for uncertainty, and the sale would not be legally binding.
Similarly, if a will is ambiguous or unclear about the testator's intentions, it cannot be corrected by any extrinsic evidence. The will would be considered invalid, and the testator's estate would be distributed according to the laws of intestacy.
The examples illustrate how the principle of perinde est ac si scriptum non esset applies in practice. In both cases, legal documents that fail to convey the grantor's or testator's intentions adequately are considered invalid and cannot be corrected by any other evidence. This principle ensures that legal documents are clear and unambiguous, and that parties can rely on them to protect their rights and interests.