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CLAUSULA Definition & Legal Meaning

Definition & Citations:

A clause; a sentence or part of a sentence in a written instrument or law. Clausula generalis de residuo non ea complectitur qua; non ejusdem sint generis cum iis quae speciatim dicta fue- rant. A general clause of remainder does not embrace those things which are not of the same kind with those which had been specially mentioned. Lofft, Appendix, 419. Clausula generalis non refertur ad expressa. 8 Coke, 154. A general clause does not refer to things expressed. Clausula quae abrogationem excludit ab initio non valet. A clause [in a law] which precludes its abrogation is void from the beginning. Bac. Max. 77. Clausula vel dispositio inutilis per presumptionem remotam, vel causam ex post facto non fulcitur. A useless clause or disposition [one which expresses no more than the law by Intendment would have supplied] is not supported by a remote presumption, [or foreign intendment of some purpose, in regard whereof it might be material,] or by a cause arising afterwards, [which may Induce an operation of those idle words.] Bac. Max. 82, regula 21. Clausulse inconsuetae semper inducunt suspicionem. Unusual clauses [in an instrument] always induce suspicion. 3 Coke, 81.


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