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NeCede's

Maxim 2.4.20

The law favors common right.

Source: Wing. Max. p. 547, max. 144; Weisman, 82r; Weisman, 82f Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) When a statute or grant is ambiguous, it must be construed in favor of the common right of all the people rather than in favor of a private or exclusive privilege.

Where this applies

  • A state legislature passes a law granting an exclusive monopoly to one company, and the court strikes it because the law must favor the common right of all citizens to engage in lawful trade.
  • A city grants a single taxi company exclusive rights to serve the airport, and competing drivers challenge the monopoly because the law favors the common right of all to earn a livelihood.
  • An ambiguous zoning ordinance could be read to either allow or prohibit home businesses, and the court construes it in favor of the common right of citizens to use their own property productively.

Legal domains

Cite this maxim

NeCede Max. 2.4.20 — The law favors common right. — Wing. Max. p. 547, max. 144; Weisman, 82r; Weisman, 82f

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