Maxim 10.3.11
A curious and captious interpretation in law is to be reproved.
Curiosa et captiosa interpretatio in lege reprobatur.
Source: 1 Bulst. 6; Bouvier
Difficulty 1/5 — Foundational
Explanation
Strained, hair-splitting, or overly clever readings of instruments and statutes are rejected; the law favors the natural, straightforward meaning over ingenious technicality.
Where this applies
- The other side is using a hair-splitting, overly clever reading of the contract.
- A strained and captious interpretation should be rejected in favor of the natural meaning.
- The court should reject tricky readings and use the straightforward one.
Legal domains
See also
Cite this maxim
NeCede Max. 10.3.11 — A curious and captious interpretation in law is to be reproved. — 1 Bulst. 6; Bouvier (Curiosa et captiosa interpretatio in lege reprobatur.)
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