Words are always to be received in their milder sense.

Explanation

When a word carries both a harsh and a mild meaning, the mild meaning is preferred; the law does not strain toward severity.

Where this applies

• A word in the contract could mean something harsh or something mild — which meaning applies.
• The law prefers the gentler meaning of an ambiguous word.
• They're pushing the harsher interpretation of a word that could go either way.

See also

• 10.1.10 In contracts, the interpretation is to be liberal; in wills, more liberal; in restitutions, most liberal.
• 10.3.2 In an ambiguous expression of law, that meaning is to be preferred which is consonant with equity, especially when the spirit of the law can be gathered from it.