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NeCede's

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

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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