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NeCede's

Maxim 6.3.30

The contract gives the law.

Legem enim contractus dat.

Source: Allen v. Merchants' Bank; Wharton, III-165; Weisman, 22e Difficulty 3/5 — Intermediate

Explanation

The contract gives the law to the transaction — the terms agreed upon by the parties, not external default rules, govern the rights and obligations arising from their agreement.

Where this applies

  • Two parties agree in their contract that disputes will be resolved by arbitration in Chicago, and the court enforces that term because the contract gives the law to their relationship.
  • A lease specifies that the tenant must pay utilities directly, overriding the local custom of landlord-paid utilities — the contract's own terms govern.
  • A service agreement states that payment is due within 15 days rather than the standard 30-day trade term, and the court applies the 15-day deadline because the parties' agreement is their law.

Legal domains

Cite this maxim

NeCede Max. 6.3.30 — The contract gives the law. — Allen v. Merchants' Bank; Wharton, III-165; Weisman, 22e (Legem enim contractus dat.)

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