Maxim 10.1.5
Interpretation is always to be made so that what is absurd and inconvenient may be avoided.
Talis interpretatio semper fienda est, ut evitetur absurdum et inconveniens.
Source: 1 Co. 52; 4 Inst. 328; Broom, Max. 576; Weisman, 22n; Weisman, 24gg
Difficulty 1/5 — Foundational
Explanation
An interpretation that produces an absurd, unjust, or impracticable result is presumed wrong and must yield to a reading that makes the instrument workable and reasonable.
Where this applies
- The other side's interpretation would produce an absurd result that nobody intended.
- Reading the contract their way would make it completely unworkable.
- The law should avoid an interpretation that leads to ridiculous or impossible outcomes.
Topics
Legal domains
See also
- 10.1.1 Liberal constructions of written instruments are to be made, on account of the simplicity of the common people, so that the thing may have effect rather than perish; and words should serve the intention, not the intention the words.
- 10.3.3 In ambiguous cases, that which is least inconvenient is always to be done.
Cite this maxim
NeCede Max. 10.1.5 — Interpretation is always to be made so that what is absurd and inconvenient may be avoided. — 1 Co. 52; 4 Inst. 328; Broom, Max. 576; Weisman, 22n; Weisman, 24gg (Talis interpretatio semper fienda est, ut evitetur absurdum et inconveniens.)
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