Maxim 10.1.24
The construction or explanation should arise out of the whole subject-matter.
Source: Wing. Max. 238; Weisman, 22i
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) A provision must be construed in light of the entire instrument, not in isolation — the meaning of a part is determined by its relationship to the whole.
Where this applies
- A landlord points to one clause in a lease that seems to let him enter the apartment anytime, but reading the whole lease shows that clause only applies during emergencies.
- Someone quotes a single sentence from a will to claim they inherit everything, but the rest of the will makes clear that sentence only applies to one specific piece of jewelry.
- A contractor highlights one paragraph of a construction contract to avoid a penalty, but reading the entire agreement shows that paragraph was limited by conditions stated three pages later.
Legal domains
Cite this maxim
NeCede Max. 10.1.24 — The construction or explanation should arise out of the whole subject-matter. — Wing. Max. 238; Weisman, 22i
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