Maxim 1.3.9
Custom is to be construed strictly.
Consuetudo stricte interpretatur.
Source: Jenk. Cent. 83
Difficulty 2/5 — Approachable
Explanation
A custom that departs from the general law must be proved precisely as alleged — it will not be extended by inference to cover cases not clearly within its terms.
Where this applies
- Someone tries to stretch a local custom beyond the specific situations it covers.
- A party argues that a custom applying to one type of transaction should apply to a completely different one.
Legal domains
See also
Cite this maxim
NeCede Max. 1.3.9 — Custom is to be construed strictly. — Jenk. Cent. 83 (Consuetudo stricte interpretatur.)
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