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NeCede's

Maxim 3.6.17

It is to the intention that all law applies. Law always regards the intention.

Source: Black's, 2d, 70; Bouv. 118; Weisman, 60e Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Every rule of law bends toward effectuating the intention behind it — when construing a contract, will, or statute, the intention of the maker governs over the bare letter of the text.

Where this applies

  • A contract clause is ambiguous, but both parties agree they intended it to mean a fixed delivery date; the court enforces that meaning because the law always looks to intention over bare words.
  • A statute could be read two ways, but the legislative history makes the legislature's purpose clear; the court follows the intended meaning, not the awkward phrasing.
  • A testator's will uses imprecise language, but letters and testimony show exactly what she meant to leave to each heir; the court honors her intention because that is what the law regards above all.

Legal domains

Cite this maxim

NeCede Max. 3.6.17 — It is to the intention that all law applies. Law always regards the intention. — Black's, 2d, 70; Bouv. 118; Weisman, 60e

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