Skip to content
NeCede's

Maxim 1.3.18

A reasonable custom is to be obeyed like law.

Obtemperandum est consuetudini rationabili tanquam legi.

Source: 4 Co. 88; Jackson; Weisman, 27l Difficulty 2/5 — Approachable

Explanation

A custom that is both reasonable and long-established carries the binding force of law — courts and parties are obligated to respect it as they would a statute.

Where this applies

  • A reasonable custom with long use is being disregarded by a court.
  • A party refuses to follow a well-established reasonable practice.

Legal domains

interpretationprocedural

Cite this maxim

NeCede Max. 1.3.18 — A reasonable custom is to be obeyed like law. — 4 Co. 88; Jackson; Weisman, 27l (Obtemperandum est consuetudini rationabili tanquam legi.)

Found an error? Suggest a correction →