Maxim 1.3.2
Custom is another law.
Consuetudo est altera lex.
Source: Coke, 4 Co. 21; Co. Litt. 113; Weisman, 27d; Weisman, 27e; Weisman, 27n
Difficulty 2/5 — Approachable
Explanation
Custom operates with the force of enacted law — a party who violates an established custom faces the same consequences as one who violates a statute.
Where this applies
- A business practice has been followed for so long that it carries the force of law.
- Someone violates an established trade custom and argues there is no written rule against it.
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 1.3.2 — Custom is another law. — Coke, 4 Co. 21; Co. Litt. 113; Weisman, 27d; Weisman, 27e; Weisman, 27n (Consuetudo est altera lex.)
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