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NeCede's

Maxim 10.1.6

The construction of law works no injury.

Constructio legis non facit injuriam.

Source: Co. Litt. 183a; Broom, Max. 603; Weisman, 22f Difficulty 1/5 — Foundational

Explanation

The law will construe an instrument so as not to injure a party; a reading that inflicts harm upon the innocent, when another reading is available, is the wrong reading.

Where this applies

  • The court's reading of this law would harm innocent people when another reading is available.
  • An interpretation that injures someone shouldn't be chosen when a harmless reading exists.
  • The law should be construed to avoid injury when there's another way to read it.

Legal domains

See also

Cite this maxim

NeCede Max. 10.1.6 — The construction of law works no injury. — Co. Litt. 183a; Broom, Max. 603; Weisman, 22f (Constructio legis non facit injuriam.)

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