Maxim 10.1.10
In contracts, the interpretation is to be liberal; in wills, more liberal; in restitutions, most liberal.
In contractibus, benigna; in testamentis, benignior; in restitutionibus, benignissima interpretatio facienda est.
Source: Co. Litt. 112a; Wharton, Max. no. 255; Weisman, 22g
Difficulty 2/5 — Approachable
Explanation
The degree of liberality in construction increases with the character of the instrument — contracts are read fairly, wills with greater indulgence to the testator's intent, and acts of restoration with the greatest favor toward making the right whole.
Where this applies
- My will should be read generously to carry out what I actually intended.
- A contract should be interpreted fairly but a will gets even more favorable treatment.
- The court should give the most liberal reading to acts of restoration and restitution.
Legal domains
See also
- 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.
- 10.1.5 Interpretation is always to be made so that what is absurd and inconvenient may be avoided.
Cite this maxim
NeCede Max. 10.1.10 — In contracts, the interpretation is to be liberal; in wills, more liberal; in restitutions, most liberal. — Co. Litt. 112a; Wharton, Max. no. 255; Weisman, 22g (In contractibus, benigna; in testamentis, benignior; in restitutionibus, benignissima interpretatio facienda est.)
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