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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