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NeCede's

Maxim 1.2.4

Things derogatory to the common law are strictly interpreted.

Quae sunt in derogatione juris communis stricte interpretantur.

Source: Jenk. Cent. 29, p. 221, case 72; Weisman, 18; Weisman, 18a; Weisman, 18c Difficulty 2/5 — Approachable

Explanation

Any statute or grant that diminishes common law rights must be read as narrowly as possible — the common law yields only what is expressly taken.

Where this applies

  • A court uses an exception to the common law as a basis for creating new exceptions.
  • Someone cites a one-time deviation from common law as if it were a general rule.

Topics

Legal domains

See also

Cite this maxim

NeCede Max. 1.2.4 — Things derogatory to the common law are strictly interpreted. — Jenk. Cent. 29, p. 221, case 72; Weisman, 18; Weisman, 18a; Weisman, 18c (Quae sunt in derogatione juris communis stricte interpretantur.)

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