Non-Competition Contract Doesn’t Vitiate Agents’ Duty Of Loyalty

California has codified various legal and equitable maxims in its Civil Code. However, a quick read of some of these maxims leaves one wondering whether the legislature has simply codified the sayings of Yoda.

For example, Civil Code Section 3536 cryptically provides “The greater contains the less” while Section 3538 helpfully adds some certainty by stating: “That is certain which can be made certain.”

I’ve always been puzzled by Section 3537 which oracularly opines “Superfluity does not vitiate”. Is this statute necessary or is it simply superfluous? If it is superfluous, does it vitiate?

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