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NeCede's

Maxim 10.1.25

The most benignant interpretation is to be made in restitutions.

Source: Co. Litt. 112; Weisman, 22k; Weisman, 22kk Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) When construing instruments that restore rights or property, the most generous and favorable interpretation is to be preferred, so that the remedial purpose is fully achieved.

Where this applies

  • A court order restores a man's wrongfully seized property, and the judge interprets the order broadly to include the income the property earned while it was held.
  • A statute allows wrongfully convicted people to reclaim their former professional licenses, and the licensing board reads the statute generously to waive re-examination fees.
  • An insurance company must return premiums collected under a voided policy, and the court interprets the refund provision to include interest from the date of collection.

Legal domains

Cite this maxim

NeCede Max. 10.1.25 — The most benignant interpretation is to be made in restitutions. — Co. Litt. 112; Weisman, 22k; Weisman, 22kk

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