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NeCede's

Maxim 10.1.29

That interpretation is to be received [or adopted] which is free from fault [or wrong.] The law will not intend a wrong.

Source: Bacon, Max. 17, in reg. 3; Bouv. 124; Weisman, 22aa Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Among competing interpretations, the one free from wrong or absurdity must be adopted; the law will not intend an unjust result when a just reading is available.

Where this applies

  • A statute could be read to either allow or prohibit the government from seizing private land without compensation — the court adopts the reading that prohibits the seizure, because the law will not intend a wrong.
  • A trust document has two possible interpretations: one would disinherit a child entirely by accident, the other gives each beneficiary a fair share — the court picks the fair reading.
  • An ambiguous contract clause could mean either that the seller keeps defective goods and the money, or that the buyer gets a refund — the court adopts the reading that doesn't reward the seller for delivering junk.

Legal domains

Cite this maxim

NeCede Max. 10.1.29 — That interpretation is to be received [or adopted] which is free from fault [or wrong.] The law will not intend a wrong. — Bacon, Max. 17, in reg. 3; Bouv. 124; Weisman, 22aa

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