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NeCede's

Maxim 6.3.1

The contract makes the law for the parties.

Contractus legem dat contractui.

Source: BL4 "Contractus"; Bouv. 135; Allen v. Merch. Bank of N.Y., 22 Wend. (N.Y.) 215, 233 Difficulty 1/5 — Foundational

Explanation

Within the bounds of law and public right, the contract is the supreme authority governing the parties — and only the parties.

Where this applies

  • A judge is trying to add terms to our contract that we never agreed to.
  • The government wants to impose conditions on a private business agreement that weren't in the original contract.

Topics

Contracts

Legal domains

contract

See also

Cite this maxim

NeCede Max. 6.3.1 — The contract makes the law for the parties. — BL4 "Contractus"; Bouv. 135; Allen v. Merch. Bank of N.Y., 22 Wend. (N.Y.) 215, 233 (Contractus legem dat contractui.)

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