Maxim 10.3.3
In ambiguous cases, that which is least inconvenient is always to be done.
In ambiguis casibus semper id fieri debet quod minus est inconveniens.
Source: 4 Inst. 328; Dig. 50, 17, 9
Difficulty 1/5 — Foundational
Explanation
When both readings of an ambiguous instrument are plausible, the court adopts the one that avoids the greater practical harm.
Where this applies
- Both readings of this ambiguous clause are plausible but one would cause much less harm.
- When both interpretations are possible, choose the one with fewer bad consequences.
- In an ambiguous situation, the least inconvenient option should be followed.
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 10.3.3 — In ambiguous cases, that which is least inconvenient is always to be done. — 4 Inst. 328; Dig. 50, 17, 9 (In ambiguis casibus semper id fieri debet quod minus est inconveniens.)
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