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.
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.)
Found an error? Suggest a correction →