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NeCede's

Maxim 1.5.282

Law favors honor and order.

Source: Wing. Max. p. 739, max. 199; Weisman, 71w Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim — no Latin equivalent; the English title is the original form.) Courts presume that parties acted honorably and in good order — ambiguous acts are construed in favor of lawful conduct, and the law upholds established hierarchies of jurisdiction and authority.

Where this applies

  • A disputed contract clause is ambiguous about whether it requires arbitration or litigation, and the court construes it in favor of the orderly process of arbitration because the law favors order.
  • A party to a lawsuit claims that an ambiguous will was intended to disinherit a child, but the court presumes the testator acted honorably and reads the will in favor of the child's inheritance.
  • Two readings of a statute are possible — one suggesting the official acted lawfully and one suggesting corruption — and the court adopts the reading that presumes lawful conduct because the law favors honor.

Legal domains

Cite this maxim

NeCede Max. 1.5.282 — Law favors honor and order. — Wing. Max. p. 739, max. 199; Weisman, 71w

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