The beginning and cause of every contract must be considered.

Explanation

(English-origin maxim.) In construing a contract, the court must look to the origin and cause of the agreement — the circumstances at formation illuminate the parties' intent.

Where this applies

• A dispute over a partnership agreement requires the court to look at the original handshake deal and the circumstances that led to the partnership, not just the final written terms.
• A buyer sues a seller for breach of contract, and the court examines the negotiations and original purpose of the deal to understand what the parties truly intended.
• A landlord and tenant disagree about a lease term, and the court looks at the emails and discussions that led to the lease to understand its origin and purpose.