Maxim 10.2.42
The full meaning of a word should be ascertained at the outset, in order that the sense may not be lost by defect of expression, and that the law be not without reason.
Source: Co. Litt. 68; Weisman, 104x; Weisman, 104q
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) The full meaning of a word must be ascertained before applying it, so that ambiguity does not corrupt the sense of the instrument and leave the law without its intended reason.
Where this applies
- A statute uses the word "vehicle" — before applying it, the court must determine whether it means only motor vehicles or also includes bicycles and horse-drawn carts, so the law's purpose isn't lost.
- A contract promises delivery of "goods" without ever defining the term, and a dispute erupts over whether software licenses count as goods — the ambiguity should have been resolved at the drafting stage.
- A deed uses the term "improvements" without clarifying whether it includes landscaping — the full meaning needed to be settled before the conveyance, not litigated afterward.
Legal domains
Cite this maxim
NeCede Max. 10.2.42 — The full meaning of a word should be ascertained at the outset, in order that the sense may not be lost by defect of expression, and that the law be not without reason. — Co. Litt. 68; Weisman, 104x; Weisman, 104q
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