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NeCede's

Maxim 8.7.6

An ambiguous plea ought to be construed against the party who pleads it.

Ambiguum placitum interpretari debet contra proferentem.

Source: Co. Litt. 303b; Bacon, Max. reg. 3; Weisman, 87o Difficulty 2/5 — Approachable

Explanation

The burden of clarity falls on the pleader — obscurity in a plea is resolved against the party who had the opportunity to speak plainly and chose not to.

Where this applies

  • The defendant's plea is so vague it could mean anything — the ambiguity hurts them, not me.
  • The other side filed an unclear response — that should be interpreted against them.

Topics

AmbiguityPleading

Legal domains

interpretationprocedural

See also

Cite this maxim

NeCede Max. 8.7.6 — An ambiguous plea ought to be construed against the party who pleads it. — Co. Litt. 303b; Bacon, Max. reg. 3; Weisman, 87o (Ambiguum placitum interpretari debet contra proferentem.)

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