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NeCede's

Maxim 6.3.23

That which is the less is held to be imported into the contract; (i.e., A. offers to hire B.'s house at six hundred dollars, at the same time B. offers to let it for five hundred dollars; the contract is for five hundred dollars.).

Source: Dig. 50, 17, 9; 1 Story, Cont. 481; Weisman, 24s Difficulty 4/5 — Advanced

Explanation

(English-origin maxim.) When the parties' offers differ, the contract is formed at the lower figure — the law resolves an ambiguity of amount by imputing the lesser obligation.

Where this applies

  • A offers to rent a house for $600 a month and B offers to rent it out for $500 — the contract is formed at the lower figure of $500.
  • A buyer offers $10,000 for a car while the seller asks $8,000, and the contract is deemed to be for $8,000 because the lesser amount is imported into the agreement.
  • Two parties negotiate a service fee and their written proposals state different amounts — the court applies the lower figure as the contract price.

Legal domains

Cite this maxim

NeCede Max. 6.3.23 — That which is the less is held to be imported into the contract; (i.e., A. offers to hire B.'s house at six hundred dollars, at the same time B. offers to let it for five hundred dollars; the contract is for five hundred dollars.). — Dig. 50, 17, 9; 1 Story, Cont. 481; Weisman, 24s

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