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Legal Terms – custom
A custom is a behavior that has been observed in a community long enough to be recognized as part of the local legal system. A customary law must be rational in nature and continually observed, as if it were a right, from the dawn of legal memory in order to be regarded as such. Although legal memory started in 1189, evidence that a practice has been followed in the present raises the possibility that it started earlier. One of the four origins of international law is custom (see to CUSTOMARY INTERNATIONAL LAW). Its development is a multifaceted process that includes: (1) the accumulation of state practice; (2) international organization practices; (3) national and international court rulings on contentious issues; and (4) jurist mediation. One crucial
*Opinio juris is a necessary component in turning customary law from mere practice to binding law.
Contract law also takes into account custom. Contractual terms may be inferred by custom: The usual criterion in such circumstances is that the custom must be "certain, notorious, reasonable, recognized as legally binding and consistent with the express terms," according to Cunliffe-Owen v. Teather & Greenwood [1967] 1 WLR 1421. The custom is the norm. The parties adhere to it because they think they ought to. Custom is a factual matter that ought to be acknowledged by those involved in the trade and made widely known so that individuals from outside the industry who inquire about it are aware of it (Kum v. Wah Tat Bank Ltd [1971] 1 Lloyd’s Rep 439).
A custom is a behavior that has been observed in a community long enough to be recognized as part of the local legal system. A customary law must be rational in nature and continually observed, as if it were a right, from the dawn of legal memory in order to be regarded as such. Although legal memory started in 1189, evidence that a practice has been followed in the present raises the possibility that it started earlier. One of the four origins of international law is custom (see to CUSTOMARY INTERNATIONAL LAW). Its development is a multifaceted process that includes: (1) the accumulation of state practice; (2) international organization practices; (3) national and international court rulings on contentious issues; and (4) jurist mediation. One crucial
*Opinio juris is a necessary component in turning customary law from mere practice to binding law.
Contract law also takes into account custom. Contractual terms may be inferred by custom: The usual criterion in such circumstances is that the custom must be "certain, notorious, reasonable, recognized as legally binding and consistent with the express terms," according to Cunliffe-Owen v. Teather & Greenwood [1967] 1 WLR 1421. The custom is the norm. The parties adhere to it because they think they ought to. Custom is a factual matter that ought to be acknowledged by those involved in the trade and made widely known so that individuals from outside the industry who inquire about it are aware of it (Kum v. Wah Tat Bank Ltd [1971] 1 Lloyd’s Rep 439).
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