Maxim 10.1.1
Liberal constructions of written instruments are to be made, on account of the simplicity of the common people, so that the thing may have effect rather than perish; and words should serve the intention, not the intention the words.
Benignae faciendae sunt interpretationes propter simplicitatem laicorum, ut res magis valeat quam pereat; et verba intentioni, non e contra, debent inservire.
Source: Coke, Co. Litt. 36a; Broom, Max. 540; Wharton, Max. no. 13; Weisman, 22x
Difficulty 1/5 — Foundational
Explanation
Instruments are to be read to give them effect, not to defeat them by technicality; intention governs over bare literalism.
Where this applies
- A legal document is being thrown out because of a technicality even though the intent is clear.
- The contract should be read to make it work, not to kill it on a minor point.
- Words in a document should serve the intention, not the other way around.
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 10.1.1 — Liberal constructions of written instruments are to be made, on account of the simplicity of the common people, so that the thing may have effect rather than perish; and words should serve the intention, not the intention the words. — Coke, Co. Litt. 36a; Broom, Max. 540; Wharton, Max. no. 13; Weisman, 22x (Benignae faciendae sunt interpretationes propter simplicitatem laicorum, ut res magis valeat quam pereat; et verba intentioni, non e contra, debent inservire.)
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