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NeCede's

Maxim 11.1.5

Acts indicate the intention.

Actus indicant intentionem.

Source: 8 Co. 291; Broom, Max. 270; Troy v. Yelle, 176 P.2d 459, 463; Weisman, 2r Difficulty 1/5 — Foundational

Explanation

Where written intent is ambiguous, the course of conduct of the parties is the surest guide to meaning.

Where this applies

  • The written contract is unclear but the parties' behavior shows what they actually intended.
  • Actions speak louder than words — look at what they did, not just what they wrote.
  • When the document is ambiguous, the course of conduct reveals the true intent.

Legal domains

contractevidenceinterpretation

See also

Cite this maxim

NeCede Max. 11.1.5 — Acts indicate the intention. — 8 Co. 291; Broom, Max. 270; Troy v. Yelle, 176 P.2d 459, 463; Weisman, 2r (Actus indicant intentionem.)

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