Maxim 10.3.6
In ambiguous expressions, the intent of him who used them is chiefly to be regarded.
In ambiguis orationibus maxime sententia spectanda est ejus qui eas protulisset.
Source: Dig. 50, 17, 96; Broom, Max. 567; Weisman, 6e
Difficulty 1/5 — Foundational
Explanation
The paramount question in resolving ambiguity is: what did the speaker or writer mean? The words are his instrument, and his intent is the master key.
Where this applies
- We need to figure out what the person who wrote this ambiguous clause actually meant.
- The drafter's intent is the key to resolving the ambiguity.
- When the language is unclear, the most important question is what the writer intended.
Legal domains
See also
Cite this maxim
NeCede Max. 10.3.6 — In ambiguous expressions, the intent of him who used them is chiefly to be regarded. — Dig. 50, 17, 96; Broom, Max. 567; Weisman, 6e (In ambiguis orationibus maxime sententia spectanda est ejus qui eas protulisset.)
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