Maxim 10.1.28
The best interpretation is made from antecedents and consequents.
Source: Broom, Max. 3d Lond. ed. 513; 2 Inst. 317; 2 Bl. Comm. 379; 1 Bulstr. 101; Weisman, 22w; Weisman, 22h
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) The best way to construe a doubtful passage is to examine what comes before and what follows it — context, both preceding and subsequent, illuminates meaning.
Where this applies
- A contract clause about payment terms is ambiguous on its own, but reading the paragraphs before and after it makes clear that payment was due on delivery, not thirty days later.
- A senator's floor speech uses a confusing phrase, but looking at the prior amendments and the subsequent vote record clarifies what the legislature actually intended.
- A disputed will provision becomes clear when you read the paragraph that precedes it, which names specific beneficiaries, and the paragraph that follows, which describes how the estate should be divided.
Legal domains
Cite this maxim
NeCede Max. 10.1.28 — The best interpretation is made from antecedents and consequents. — Broom, Max. 3d Lond. ed. 513; 2 Inst. 317; 2 Bl. Comm. 379; 1 Bulstr. 101; Weisman, 22w; Weisman, 22h
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