Maxim 1.5.221
Whenever the same language expresses two meanings, that is to be taken which is the better fitted for effecting the proposed end.
Quotiens idem sermo duas sententias exprimit, ea potissimum excipiatur, quae rei gerendae aptior est.
Source: D. 50, 17, 67; Jackson; Weisman, 22gg; Weisman, 104l
Difficulty 2/5 — Approachable
Explanation
When statutory or contractual language is susceptible of two interpretations, the court adopts the one that best accomplishes the stated purpose of the instrument.
Where this applies
- A statute can be read two ways and the court must pick the one that better achieves the stated goal.
- Two equally valid interpretations of a contract exist and one better fits the overall purpose.
Legal domains
Cite this maxim
NeCede Max. 1.5.221 — Whenever the same language expresses two meanings, that is to be taken which is the better fitted for effecting the proposed end. — D. 50, 17, 67; Jackson; Weisman, 22gg; Weisman, 104l (Quotiens idem sermo duas sententias exprimit, ea potissimum excipiatur, quae rei gerendae aptior est.)
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