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NeCede's

Maxim 10.1.4

Usage is the best interpreter of things.

Optimus interpres rerum usus.

Source: 2 Inst. 282; Broom, Max. 917, 930; Weisman, 22ee Difficulty 1/5 — Foundational

Explanation

When the meaning of a term or provision is doubtful, how it has been understood and applied in practice is the strongest evidence of its true sense.

Where this applies

  • Nobody agrees on what a term means so we should look at how it's actually been used in practice.
  • The best way to understand a vague contract term is to see how the parties have been applying it.
  • We've been interpreting this provision the same way for years — that usage should control.

Legal domains

See also

Cite this maxim

NeCede Max. 10.1.4 — Usage is the best interpreter of things. — 2 Inst. 282; Broom, Max. 917, 930; Weisman, 22ee (Optimus interpres rerum usus.)

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