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NeCede's

Maxim 10.2.1

Relative words refer to the nearest antecedent, unless it be prevented by the context.

Ad proximum antecedens fiat relatio, nisi impediatur sententia.

Source: Jenk. Cent. 180; Noy, Max. 4; Wing. Max. 19; Broom, Max. 606; Weisman, 104c; Weisman, 104e Difficulty 1/5 — Foundational

Explanation

When construing a document, relative and qualifying words attach to the nearest preceding antecedent unless the broader context plainly requires a different reference. (Duplicate maxim — see also 8.8.2.)

Where this applies

  • A pronoun in the contract could refer to two different parties and we need to figure out which one it modifies.
  • The phrase 'such property' in the agreement is ambiguous — it should refer to the nearest item mentioned, not one from paragraphs earlier.
  • A relative clause in the statute is being applied to the wrong noun because someone is ignoring the nearest antecedent rule.

Legal domains

See also

Cite this maxim

NeCede Max. 10.2.1 — Relative words refer to the nearest antecedent, unless it be prevented by the context. — Jenk. Cent. 180; Noy, Max. 4; Wing. Max. 19; Broom, Max. 606; Weisman, 104c; Weisman, 104e (Ad proximum antecedens fiat relatio, nisi impediatur sententia.)

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