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NeCede's

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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