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NeCede's

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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