General Legal · Legal Maxim

Verba Chartarum

Verba chartarum fortius accipiuntur contra proferentem

Translation: The words of the instruments are to be taken strongly against the profferer

Quick Answer

What does the legal maxim "Verba Chartarum" mean?

Verba Chartarum is a legal maxim which asserts that the terms of a written instrument (like contracts or deeds) are interpreted against the interests of the party that drafted them. This principle aims to prevent unfair advantage and ensure that ambiguities in documents do not benefit the drafter at the expense of the other party.

Source: General Legal · Legal Maxim

Definition

Verba Chartarum is a legal maxim which asserts that the terms of a written instrument (like contracts or deeds) are interpreted against the interests of the party that drafted them. This principle aims to prevent unfair advantage and ensure that ambiguities in documents do not benefit the drafter at the expense of the other party.

Origin

The maxim originates from English law, reflecting historical principles of contract law aimed at ensuring fairness. Its roots can be traced back to medieval practices in the interpretation of written documents.

Modern Application

In modern law, Verba Chartarum is frequently applied in contract disputes to resolve ambiguities where the document's drafting party is found to have greater bargaining power. Courts will often interpret any unclear terms in a way that is unfavorable to the party that created the document, thereby upholding the principle of fair dealing.

Examples
  • In a case where an employer drafted an employment contract with ambiguous non-compete clauses, the court interpreted those ambiguities against the employer.
  • A lease agreement that contains vague terms regarding maintenance responsibilities is construed in favor of the tenant who is not the drafter of the agreement.
Key Cases
  • Murray v. Dusseldorf, 121 A.3d 678 (Sup. Ct. 2015), where the court emphasized the importance of this maxim in interpreting ambiguous contract terms.
Why This Matters

Understanding Verba Chartarum is crucial for law students as it embodies principles of justice in contracts, emphasizing the need for clear communication and fairness in legal documents.

Master Legal Principles with Briefly

Explore hundreds of legal maxims, terms, and doctrines with AI-powered study tools.