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NeCede's

Maxim 10.3.1

An ambiguous answer is to be taken against him who offers it.

Ambigua responsio contra proferentem est accipienda.

Source: 10 Co. 58, 59; Broom, Max. 594; Weisman, 6a Difficulty 1/5 — Foundational

Explanation

He who speaks ambiguously when he could have spoken plainly has only himself to blame; the doubt is resolved against him.

Where this applies

  • The other side gave an ambiguous answer when they could have been clear — it should be read against them.
  • They worded their response vaguely on purpose and now the doubt should fall on them.
  • If you speak ambiguously when you could speak plainly, the ambiguity works against you.

Topics

Legal domains

See also

Cite this maxim

NeCede Max. 10.3.1 — An ambiguous answer is to be taken against him who offers it. — 10 Co. 58, 59; Broom, Max. 594; Weisman, 6a (Ambigua responsio contra proferentem est accipienda.)

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