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NeCede's

Maxim 11.1.28

When there is doubt about an act, it receives interpretation from the (known) feelings of the actor.

Source: Dig. 50, 17, 68, 1; Weisman, 2w Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) When a deed or transaction is ambiguous, the known disposition and prior declarations of the actor supply the key to construction.

Where this applies

  • A man known to despise his brother writes a will with an ambiguous clause about 'family members' — the court looks at his known feelings to determine whether the brother was meant to be included.
  • A landlord with a documented history of hostility toward a tenant sends a vaguely worded notice; the court interprets the notice in light of the landlord's known disposition.
  • A business owner who has publicly declared she wants to squeeze out her partner drafts an ambiguous buyout clause — her known feelings help the court construe the provision.

Legal domains

Cite this maxim

NeCede Max. 11.1.28 — When there is doubt about an act, it receives interpretation from the (known) feelings of the actor. — Dig. 50, 17, 68, 1; Weisman, 2w

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