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.
Topics
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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