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.
Topics
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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