Maxim 1.3.8
Custom can neither arise from nor be destroyed by a wrong.
Consuetudo neque injuria oriri neque tolli potest.
Source: Lofft 340; Jackson 157; Weisman, 27m
Difficulty 2/5 — Approachable
Explanation
An unlawful practice, no matter how long continued, never ripens into a binding custom — illegality at the root destroys the claim.
Where this applies
- An illegal practice has been going on for years, and someone claims it has become custom.
- A party argues that a longstanding violation of law has ripened into an enforceable right.
See also
Cite this maxim
NeCede Max. 1.3.8 — Custom can neither arise from nor be destroyed by a wrong. — Lofft 340; Jackson 157; Weisman, 27m (Consuetudo neque injuria oriri neque tolli potest.)
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