Maxim 10.2.37
Words ought not to be accepted to import a false description, which may have effect by way of true limitation.
Source: Bacon, Max. reg. 13; Broom, Max. 573; 4 Etch. 604; Weisman, 104f
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Words should not be read to produce a false description when they can be given effect as a true limitation — prefer the construction that makes the language accurate rather than misleading.
Where this applies
- A deed describes property as "the 40-acre parcel owned by Smith on the north side of the river" — rather than treating "40-acre" as a false measurement if the parcel is actually 38 acres, the court treats the description as a true limitation identifying which parcel is meant.
- A will says "my blue car" when the testator's car is actually green — the court reads the description as identifying the testator's only car rather than concluding the gift fails because no blue car exists.
- A contract identifies goods as "500 units of Model X from Warehouse B" — if Warehouse B holds only Model X units, the warehouse reference is the true limitation identifying the goods, even if the unit count is slightly off.
Legal domains
Cite this maxim
NeCede Max. 10.2.37 — Words ought not to be accepted to import a false description, which may have effect by way of true limitation. — Bacon, Max. reg. 13; Broom, Max. 573; 4 Etch. 604; Weisman, 104f
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