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NeCede's

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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