Legal Definitions - ut res magis valeat quam pereat

The Latin phrase ut res magis valeat quam pereat translates to "that the thing may rather have effect than be destroyed," or more simply, "to give effect to the matter rather than having it fail." This is a fundamental principle of interpretation used in law when examining documents such as contracts, wills, statutes, or regulations.

It dictates that if a document can be interpreted in multiple ways—one of which would make it valid and achieve its intended purpose, and another would render it meaningless, absurd, or ineffective—the interpretation that gives the document legal force and achieves its objective should be chosen. In essence, courts and legal professionals prefer to interpret documents in a way that makes them work, rather than letting them fail due to ambiguity.

• Example 1: Business Contract

  Imagine a contract for the sale of a unique, custom-built machine. A clause states, "Delivery shall occur 'promptly' upon completion of manufacturing." The manufacturing process takes six months, and the machine requires specialized transport. If "promptly" were interpreted to mean "immediately" after manufacturing, it would be physically impossible to arrange the necessary logistics, potentially making the delivery clause unenforceable and causing the entire contract to fail.

  Applying ut res magis valeat quam pereat, a court would likely interpret "promptly" to mean "within a reasonable time given the specialized nature of the machinery and the logistics involved." This interpretation allows the delivery clause to be effective and the contract to proceed as intended, rather than being rendered futile by an overly literal reading.

• Example 2: Last Will and Testament

  Consider a will that includes a provision stating, "I leave my entire collection of antique books to my niece, Sarah, for her enjoyment and study." However, the will also contains a later, somewhat contradictory clause that says, "All remaining personal property not specifically bequeathed shall be sold, and the proceeds distributed among my residual beneficiaries." If the second clause were interpreted strictly, it could be argued that the book collection, being personal property, should also be sold, thereby nullifying the specific gift to Sarah.

  To ensure the will-maker's clear intent to give the books to Sarah is honored, a court applying ut res magis valeat quam pereat would interpret the clauses to give effect to both. It would likely conclude that the specific bequest to Sarah takes precedence, and the "remaining personal property" refers to items not already specifically given away. This interpretation upholds the specific gift and prevents that part of the will from failing, ensuring the will-maker's wishes are carried out.

• Example 3: Local Zoning Ordinance

  A city passes a new zoning ordinance that states, "No structures over 30 feet in height are permitted in residential zones, except for 'public utility infrastructure'." A homeowner applies for a permit to build a new chimney that would extend slightly over 30 feet. The city planning department initially denies the permit, arguing that a chimney is not "public utility infrastructure."

  If "public utility infrastructure" were interpreted extremely narrowly to only include things like power lines or water towers, it could lead to absurd outcomes where essential residential features like chimneys, ventilation systems, or even certain types of antennas could not be built, making many homes impractical or unsafe. Applying ut res magis valeat quam pereat, a court would likely interpret "public utility infrastructure" more broadly, or find that the spirit of the ordinance is to prevent large, intrusive structures, not to prohibit necessary and common residential features. This interpretation allows the ordinance to function reasonably without creating unintended and unworkable restrictions on homeowners, thus giving effect to the overall purpose of zoning regulations.