In obscure cases, we look at what is most probable, or what most commonly happens.

Explanation

(English-origin maxim.) When language is obscure, the court resolves the doubt by looking to what is most probable or what most commonly occurs in similar circumstances.

Where this applies

• A contract term is unclear about when delivery should happen, so the court looks at what's standard in that industry — most suppliers in that business deliver within 30 days.
• A will uses an ambiguous phrase to describe a piece of property, and the court resolves the doubt by considering which property the testator most likely meant, given where he lived and what he owned.
• An old statute uses language that could mean two things, so the court looks at how similar statutes were commonly understood and applied at the time of enactment.