Maxim 1.5.73
We generally interpret in favour of the promisor.
Fere secundum promissorem interpretamur.
Source: D. 45, 1, 99; Jackson
Difficulty 3/5 — Intermediate
Explanation
Ambiguities in an obligation are construed in favor of the one who made the promise — the promisor is not held to more than he clearly undertook.
Where this applies
- An ambiguous promise is being interpreted against the person who made it.
- The meaning of a vague contract term is disputed, and the promisor argues for the narrower reading.
Legal domains
Cite this maxim
NeCede Max. 1.5.73 — We generally interpret in favour of the promisor. — D. 45, 1, 99; Jackson (Fere secundum promissorem interpretamur.)
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