antiquity of custom

Under the English rule, a custom existing since 1189, the commencement of the reign of Richard 1, which is accepted as the beginning of time of legal memory; in the United States, the element of antiquity exists if it shall have existed from time immemorial. The element of antiquity, however is no longer essential in establishing a custom with the force and effect of law, the modern view being to accept the custom as binding if it shall have existed a sufficient length of time to have become generally known and to warrant the conclusion that the contract or other transaction in question was made in reference to the custom. 55 Am J1st Usage & C § 5.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

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