Maxim 12.4.10
In a doubtful case, that is the construction of the law which the words indicate.
Source: Bouv. 130; Weisman, 32d
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) When a provision is ambiguous, the plain meaning of the words as written is the safest guide to construction — the text itself resolves the doubt.
Where this applies
- A statute says fines 'shall not exceed five hundred dollars,' and the court construes 'shall not' as mandatory because the plain words indicate a hard cap.
- A deed grants 'all timber rights' and a dispute arises over whether that includes fallen trees — the court looks to the plain words, which indicate all timber without exception.
- A contract says the buyer 'may' cancel within thirty days, and the court interprets 'may' as permissive based on what the word plainly indicates, giving the buyer an option rather than an obligation.
Legal domains
Cite this maxim
NeCede Max. 12.4.10 — In a doubtful case, that is the construction of the law which the words indicate. — Bouv. 130; Weisman, 32d
Found an error? Suggest a correction →