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NeCede's

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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