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NeCede's

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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