Legal Definitions - ut res valeat potius quam pereat

Definition: Ut res valeat potius quam pereat is a Latin phrase that means "that the thing may avail rather than perish" or "that the transaction may be valid rather than invalid."

Examples:

• When signing a contract, it is important to ensure that all the terms are clear and unambiguous so that ut res valeat potius quam pereat.
• In a court of law, the judge's decision is based on the principle of ut res valeat potius quam pereat, which means that the court will try to interpret the law in a way that upholds the validity of the transaction or agreement.

The examples illustrate the importance of ensuring that a transaction or agreement is valid and enforceable. The principle of ut res valeat potius quam pereat emphasizes the need to interpret the law in a way that upholds the validity of the transaction or agreement, rather than invalidating it. This is important because it ensures that parties to a transaction or agreement can rely on its validity and enforceability, which promotes trust and stability in commercial and legal relationships.