Maxim 6.3.17
By a contract something is permitted which, without it, could not be admitted.
Pacto aliquod licitum est, quod sine pacto non admittitur.
Source: Co. Litt. 166; Bouvier, *Law Dictionary* (1856); Weisman, 24r
Difficulty 2/5 — Approachable
Explanation
The parties may lawfully agree to terms that would not otherwise exist by operation of law — the contract creates its own permissions within the bounds of public right.
Where this applies
- Our contract allows us to do something that normally wouldn't be permitted.
- We agreed to special terms that go beyond what the default rules provide.
Legal domains
See also
Cite this maxim
NeCede Max. 6.3.17 — By a contract something is permitted which, without it, could not be admitted. — Co. Litt. 166; Bouvier, *Law Dictionary* (1856); Weisman, 24r (Pacto aliquod licitum est, quod sine pacto non admittitur.)
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