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NeCede's

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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