Maxim 10.2.9
The words of instruments are taken most strongly against him who uses them.
Verba chartarum fortius accipiuntur contra proferentem.
Source: Co. Litt. 36a; Broom, Max. 594, 599; Bacon, Max. reg. 3; Dig. 45, 1, 38, 18; Weisman, 104r
Difficulty 1/5 — Foundational
Explanation
He who chose the words bears the burden of their ambiguity; the drafter of a deed, contract, or statute cannot profit from the obscurity of his own language.
Where this applies
- The person who wrote the contract made it ambiguous and now wants the ambiguity to work in their favor.
- The insurance company drafted the policy and the unclear language should be read against them.
- The drafter chose the words — any ambiguity is their problem, not mine.
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 10.2.9 — The words of instruments are taken most strongly against him who uses them. — Co. Litt. 36a; Broom, Max. 594, 599; Bacon, Max. reg. 3; Dig. 45, 1, 38, 18; Weisman, 104r (Verba chartarum fortius accipiuntur contra proferentem.)
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