Understanding Argumentum Ab Impossibilii Plurimum Valet In Lege: A Legal Perspective
Definition & meaning
The phrase "argumentum ab impossibilii plurimum valet in lege" translates to "an argument drawn from inconvenience has much force in law." This legal principle suggests that when interpreting laws or contracts, the implications of adopting a particular interpretation can significantly influence the outcome. If a contract or statute contains ambiguous language, and one interpretation leads to considerable inconvenience, it may indicate that this interpretation does not align with the original intent of the parties involved. However, if only one clear interpretation exists, that interpretation will be upheld, even if it results in inconvenience, as it reflects the clear intention of the parties or legislature.
Legal use & context
This principle is commonly applied in various areas of law, including contract law and statutory interpretation. It is particularly relevant in cases where the language used is ambiguous, leading to multiple potential interpretations. Legal professionals often rely on this principle to argue for a construction that minimizes inconvenience and aligns with the original intent of the parties or lawmakers. Users can manage related legal documents using templates from US Legal Forms, which are drafted by qualified attorneys.
Real-world examples
Here are a couple of examples of abatement:
Example 1: In a contract for the sale of goods, if the terms are vague and one interpretation leads to significant financial loss for one party, a court may consider this inconvenience when determining the appropriate construction of the contract.
Example 2: A statute that regulates business practices may have ambiguous wording. If one interpretation leads to unfair business practices, courts may reject that interpretation in favor of one that aligns with fair practices, even if it causes some inconvenience to businesses. (hypothetical example)